LOCAL SELF-GOVERNMENT

TOWN PLANNING AND VALUATION DEPARTMENT

The Maharashtra State has an independent "Town Planning and Valuation Department" under the administrative control of the Urban Development, Public Health and Housing Department. This department came into existence in the year 1914 with the Consulting Surveyor to the Government, now designated as the Director of Town Planning, Maharashtra State, as its head. The department as its name indicates principally deals with the important subject of town planning and valuation of real properties. Some of the important duties and functions of this department as stipulated by Government are as under:--

Duties and Functions: (1) To prepare regional plans, development plans and town planning schemes under the provisions of the Maharashtra Regional and Town Planning Act, 1966, which has come into force in the State with effect from 11th January, 1967.

(2) To render assistance to the municipal authorities in the preparation of development plans and town planning schemes in the shape of advice, as well as loan of the services of technical assistants for the preparation of development plans, draft town planning schemes, etc.

(3) To perform the duties of the Town Planning Officers/ Arbitrators, when so appointed by Government under the Maharashtra Regional and Town Planning Act, 1966, to carry out surveys, prepare the existing land-use-plans, and development plans, to scrutinise development or building permission cases, to tender advice to the Tribunal of Appeal and to draw up final town planning schemes, to work as members of Regional Planning Boards constituted by Government and to prepare regional plans.

(4) To advise Government on all matters regarding town and country planning including legislation.

(5) To advise and prepare town development, improvement, extension and slum clearance schemes under the Municipal Acts.

(6) To prepare development schemes or layouts of lands (1) belonging to Government, (ii) belonging to co-operative housing societies and (ii) of private bodies with the sanction of Government.

(7) To prepare village layouts for extension of old village gaothan and new village gaothan sites.

(8) To advise the Government on housing, slum clearance, regional planning and prevention of ribbon development including legislation.

(9) To prepare type designs for the housing of the middle and poorer classes including Harijans.

(10) To scrutinise miscellaneous building permission cases and layouts received from the Collectors and to recommend suitable building regulation for adoption in the areas concerned.

(11) To advise the Nagpur Improvement Trust, Nagpur, in 1 he preparation of the improvement schemes under the Nagpur Improvement Trust Act, 1936, to scrutinise the schemes when submitted for sanction and advise Government regarding sanction for the scheme.

Valuation.—The Director of Town Planning is the chief expert adviser to Government on this subject and his duties under this heading include:—

(1) Valuation of agricultural and non-agricultural lands and properties in towns and villages belonging to Government and intended for the purpose of sale or lease;

(2) valuation of Government properties for the purpose of rating under the Provincial Municipal Corporation Act and to function as the Authorised Valuation Officers for finalisation of the lists of assessment of all the properties in municipal towns submitted by the chief officers under the provisions of the Maharashtra Municipalities Act, 1965;

(3) valuation for miscellaneous purposes such as cantonment leases, probate or stamp duty, etc;

(4) valuation for the purposes of fixing standard rates of non-agricultural assessment and prescribing zones of values in all villages and rising localities in the vicinity of important and growing towns;

(5) valuation for the purposes of fixing standard table of ground rents and land values in respect of lands in cantonments;

(6) scrutiny of awards of compensation under the Laud Acquisition Act, 1894;

(7) supplying trained Technical Assistants to do duty as Special Land Acquisition Officers in important towns where the land acquisition work is of a very important and responsible nature;

(8) giving expert evidence when called upon to do so in the District Courts and High Court when appeals are lodged against the awards of compensation under the Land Acquisition Act; and

(9) undertaking valuation work on behalf of Railways and other departments of Central Government and private bodies with the sanction of Government on payment of fees, etc.

Other Miscellaneous Duties.-- (1) To advise the various heads of departments of Government in selection of sites required for the public purposes.

(2) To see that all town planning schemes or layouts sanctioned by Government are properly executed within a reasonable period or periods fixed in the schemes.

(3) To advise Government as regards interpretation, amendment of or addition to the Maharashtra Regional and Town Planning Act, 1966, or rules thereunder.

Regional Planning : The statutory powers regarding planning were embodied under the Bombay Town Planning Act, 1915 which was in force till its replacement by the Bombay Town Planning Act, 1954. The Act of 1954, generally incorporated the provisions of the Bombay Town Planning Act, 1915, and in addition made obligatory on every local authority (barring village panchayats) to prepare development plan for the entire area within its jurisdiction.

The Bombay Town Planning Act, 1954, applied to lands included within the municipal limits only and therefore, there was no provision for exercising proper and effective control over the planning and development of land in peripheral areas outside the municipal areas which were growing in an irregular and haphazard manner. The evil results of such uncontrolled growth and development have already become apparent in the vast areas outside Greater Bombay and Pune and other important urban centres. It was considered that the only way to tackle adequately these evil effects arising out of rapid industrialisation and urbanisation would be by resorting to regional planning for areas around the metropolitan centres like Bombay, Pune and Nagpur and by developing counter magnets for the disposal and reallocation of both industries and population within the region.

There was no statutory power under the Act of 1954 for the preparation of regional plans which has, therefore, been repealed and replaced by the Maharashtra Regional and Town Planning Act, 1966. The Act came into existence in the entire State with effect from 11th January, 1967. This Act provided for establishment of regions and constitution of Regional Planning Boards for the preparation of regional plans, designation of sites for new towns, establishment of development authorities to create new towns, preparation of development plans for the municipal areas and town planning schemes for execution of the sanctioned development plans. Government has established the metropolitan regions at Bombay, Pune and Nagpur and constituted Regional Planning Boards for these three regions.

The scope of the regional plans for an urban region is to formulate a policy for guidance and control of development within the region in such a manner that:—

(i) land be used for the best purposes for which it is most suitable e. g., residential, commercial, industrial, agricultural, recreational, etc., having regard to both public and private interests;

(ii) adequate means of communications be provided for traffic throughout the region;

(iii) building development be concentrated in areas where adequate public and utility services can be supplied economically;

(iv) ample areas be reserved as open spaces; (v) amenities and country side be protected including preservation of land scape; and

(vi) historical monuments be preserved, etc.

Briefly the object of the regional plan is to regulate development so as to maintain a proper balance between buildings and open spaces and secure healthy and economic urban growth.

Organisation: The department as stated above was started in the year 1914 with the Consulting Surveyor to Government, (now designated as the Director of Town Planning, Maharashtra State), as its head who was later assisted by one Assistant Consulting Surveyor to Government (now designated as Deputy Director of Town Planning) and Deputy Assistant Consulting Surveyor to Government (now designated as Assistant Director of Town Planning) and two Senior Assistants (now designated as Town Planners) with the requisite staff. As the activities of this department increased, these Assistants had to be posted at prominent places in the State to attend to the work of town planning, valuation, etc., very essentially required in and around the towns and cities. There has been a tremendous increase in the activities of the department in recent years with the consequential increase in the number of branch offices in the State. The head office of this department is at Pune and other branch offices' exist all over the State. This department also spares officers to work in the awards section of Revenue and Forest department to scrutinise the land acquisition awards in the Bombay Collectorate to deal mainly with valuation work in Bombay, and in the rural housing cell of the Rural Development and Co-operation departments to prepare layouts of villages included in the schemes of that department. Officers of this department are also called upon to give expert evidence in the courts in land acquisition references and also appointed to function as arbitrators to finalise the draft town planning schemes prepared by the planning authorities. Officers of this department are also functioning as part time Special Land Acpuisition Officers at Punc, Sholapur, Ahmadnagar and Satara.

Consequent upon the reorganisation of States, on November 1, 1956, a new branch office of. this department with the Deputy Assistant Consulting Surveyor to Government as its head was created at Amravati with jurisdiction over the districts of Amravati, Akola, Yeotmal and Buldhana. The preparation and execution of town planning schemes and the development of areas was being regulated under the Central Provinces and Berar Town Planning Act 1948 till 1st May, 1965 from which date the Bombay Town Planning (Extension and Amendment) Act, 1965, came into force in the Vidarbha region.

Another branch of the department started functioning from 1st June, 1965 at Akola and the work in Akola District in regard to town planning is now being dealt with by the Town Planner, Akola. The Maharashtra Regional and Town Planning Act, 1968, came into force from 11th January, 1967, in the whole of the Maharashtra State.

According to the provisions of the Maharashtra Regional and Town Planning Act, 1966, it is obligatory upon every planning authority (as defined in the Act) to carry out survey, prepare an existing land-use-map and prepare and publish a development plan for the entire area within its jurisdiction. There are in all nine municipal towns in Akola district, viz., Akola, Akot, Karanja, Murtizapur, Washim, Balapur, Telhara, Patur and Mangrulpir. The work of preparation of draft development plan of Murtizapur has been completed and the same has been published under Section 26 of the Maharashtra Regional and Town Planning Act, 1966, in December, 1968 for inviting objections and suggestions from the public. The declaration of intention to prepare the development plan under Section 23 of the above Act has been made by six municipal councils viz., Akola, Karanja, Patur, Balapur, Washim, and Akot and the appointment of Town Planning Officer under Section 24 of the Maharashtra Regional and Town Planning Act, 1966, has been made by the first five municipal councils excepting Akot municipal council. The existing land use maps for Akola, Karanja, and Patur municipal areas have been prepared and the work of formulating proposals for the development plan is in progress.

The work of preparation and publication of a draft town planning scheme viz., Akot No. 1 which covers an area of 41.29 acres was carried out under the provisions of the Central Provinces and Berar Town Planning Act, 1948, in the year 1964. The draft scheme was sanctioned by Government under the provisions of the Bombay Town Planning Act, 1954, in July 1965. The Assistant Director of Town Planning, Amravati, was appointed as a Town Planning Officer for this scheme who has drawn up the final scheme under the provisions of the Maharashtra Regional and Town Planning Act, 1966, and published it in June l968. The scheme has now been referred to the tribunal of appeal for further action

Several layouts in respect of Government lands in Akola district have been prepared for different purposes such as extension of gaothan, Government offices, commercial or residential users, etc. Necessary opinion has also been communicated to the revenue authorities for grant of Government lands. An advice has been given to the revenue authorities in respect of the valuation of lands and buildings either for the purpose of lease or sale etc., by the State Government. The valuation of lands owned by the Central Railways at Akola has been done at the request of the Railway authorities. Besides, a number of building permission cases, eases for approval of layouts, etc., have been dealt with and remarks offered to local authorities and revenue authorities.

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