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(m) provisions for permission to be granted ssp/gaonkar 15 pil80with 138 for controlling and regulating the use and development of land within the jurisdiction of a local authority including imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and boardings and other matters as may be considered necessary for carrying out the objects of this Act."

26 Sub-Clause (i) under clause B suggests that unauthorized construction for residential us in a residential zone of Development Plan as per the prevailing DCR can be considered for regularization. Even without such a policy, regularization of such a construction is possible provided it is constructed by a person holding the title and is otherwise in conformity with the MRTP Act and DCR. Sub-Clause

(ii) under clause B provides that such unauthorized constructions in the residential zone of Development Plan in violation of the Rules for plot area, height of building, margins, road width etc. can be ssp/gaonkar 23 pil80with 138 considered for the regularization as per the guidelines incorporated in the policy. This is something which is totally contrary to DCR which is having a force of law. Sub-Clause B(iii) suggests that illegal construction on unauthorized sub- division of layouts/plot in residential zone can be regularized. This aspect is dealt with under the Claus "C" under the heading "guidelines to regularization of unauthorized constructions". Sub- clause "A" of clause C deals with unauthorized sub-division of layouts/plot in residential zone. It provides that such illegal sub-divisions or layouts which are as per the DCR can be regularized by charging one time compounding charges specified by the State Government. Even without such policy being in existence, unauthorized layouts which are otherwise as per the DCR can be regularized. Sub- Clause A(ii) of Clause C seeks to suggest that even unauthorized sub-division of a plot which is not in conformity with the DCR can be regularized by charging compounding and infrastructure charges. Sub-Clause A(iii) suggests that regularization can be made of the unauthorized sub-division where proper open spaces are not available in layout. It seeks to provide that if such open spaces are available in the adjoining land, then the option of providing such open spaces can be considered. Even if it is not available, FSI should be allotted to the extent of 75% of the basic FSI unless the open space reduction is to the extent of 10% of the open space requirement. Thus, Sub-Clause A(iii) of clause C suggests that even if unauthorized sub-divisions ssp/gaonkar 24 pil80with 138 cannot be regularized for want of adequate open space as required by the Rules, the construction can be regularized by reducing FSI. Thus, sub-clauses A(ii) and A(iii) of clause "C" provide for regularization of the unauthorized sub-divisions of plots which is completely contrary to the DCR. We may note here that before an agricultural land is put to use for a non-residential purposes, a prior permission under the Maharashtra Land Revenue Code, 1966 is required. Therefore, Sub-Clauses A(ii) and A(iii) of clause C will be contrary even to the Maharashtra Land Revenue Code,1966. Sub-clause A(i) of clause C provides that unauthorized constructions of buildings which are as per the DCR but not having development permission from the authorized Officer of the authority can be regularized by charging one time penalty. As stated earlier, if unauthorized construction is made without obtaining development permission from the Planning Authority and if it is otherwise in terms of the provisions of the MRTP Act and DCR Rules framed thereunder, it can be always regularized. For that, no policy is required. Sub- clause "B" of Clause C seeks to regularize multi- storied buildings having height more than 15 metres which are not in conformity with the DCR. The Sub- clause C of clause C deals with the cases where there is a mixed usage under R-1 and R-2 zones. It seeks to regularize illegal buildings without the limitation of the floors. Sub-Clause C(ii) of clause C seeks to compromise on minimum width of the road as provided in the DCR.