Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001
No: 27 Dated: Aug, 13 2001
THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION, UPGRADATION AND CONTROL) ACT, 2001
ACT No. XXVII OF 2001
An Act to provide for the regularisation and upgradation of certain Gunthewari developments and for the control of Gunthewari developments and for matters connected therewith and incidental thereto.
WHEREAS both houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to promulgate an Ordinance to provide for the regularisation and upgradation of certain Gunthewari developments and for the control of Gunthewari developments and for matters connected therewith and incidental thereto ; and, therefore, promulgated the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Ordinance, 2001, on the 30th April 2001;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ;
It is hereby enacted in the Fifty-second year of the Republic of India as follows :—
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 30th April 2001.
2. Definitions:- (1) In this Act, unless the context otherwise requires,—
(a) “Gunthewari development” means plots formed by unauthorisedly sub-dividing privately owned land, with buildings, if any, on such plots, including excess vacant land under the Urban Land (Ceiling and Regulation) Act, 1976, not vested in the State Government but excluding land under encroachment ;
(b) “layout” means a piece of land or contiguous land under common ownership sub-divided into plots ;
(c) “Planning Authority“ means—
(I) for the areas within their respective jurisdiction,—
(i) the Nagpur Municipal Corporation, constituted under the City of Nagpur Corporation Act, 1948 ; or
(ii) the concerned Municipal Corporation, constituted under the Bombay Provincial Municipal Corporations Act, 1949 ; or
(iii) the concerned Municipal Council, constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 ; or
(iv) the Nagpur Improvement Trust, constituted under the Nagpur Improvement Trust Act, 1936 ; or
(v) the concerned Special Planning Authority, constituted or appointed or deemed to have been appointed under section 40 of the Maharashtra Regional and Town Planning Act, 1966 ; and
(II) in respect of areas other than those covered by sub-clause (I), the Collector or an officer authorised by him in this behalf ;
(d) “prescribed” means prescribed by rules made under this Act.
(2) Words and expressions used but not defined herein, shall have their respective meanings as assigned to them in the Maharashtra Regional and Town Planning Act, 1966.