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LOCAL SELF-GOVERNMENT
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TOWN PLANNING AND VALUATION
Introduction.- The Maharashtra State has an independent Town-Piannmg 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 Government, Poona, now designated as Director of Town-Planning, Maharashtra State, Pune as its head.
Functions- Town Planning: 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: -
(1) To prepare the regional plans, development plans and town planning schemes under the provisions of the Maharashtra Regional and Town Planning Act, 1966, which has come into firce 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 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 Tribunals of Appeal and to draw up final town planning schemes, to work as members of the 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- (i) lands belonging to Government, (ii) lands of co-operative housing societies, and (iii) lands 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 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 scrutinize miscellaneous building permission cases and layouts received from the Collectors and to recommend suitable building regulation for adoption in the areas concerned and lastly.
(11) To advise the Nagpur Improvement Trust, Nagpur, in the preparation of the improvement schemes under the Nagpur Improvement Trust Act, 1936, and advise Government regarding sanction to the schemes.
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 purposes of sale or lease;
(2) valuation of Government properties for the purpose of rating under the provincial Municipal Corporations Act, and functioning as the authorised valuation officer 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 rate 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 Land 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 Courts 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.
Miscellaneous: (1) To advise the various heads of departments of Government in the 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 and lastly,
(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 Bombay Town Planning Act, 1915, and in addition made it obligatory on every local authority (barring village panchayats) to prepare a 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, Poona 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, Poona and Nagpur and by developing counter magnets for the dispersal 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. This Act came into force in the State from 11th January, 1967. It provided for the establishment of regions and constitution of Regional Planning Board 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. The Government has established Metropolitan Regions at Bombay, Poona and Nagpur and constituted Regional Planning Boards for these three regions.
The scope of the regional plan 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 communication be provided for traffic throughout the region,
(iii) building development be concentrated in areas where adequate public and utility service 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) preservation of historical monuments, etc.
Briefly, the object of the regional plan is to regulate development so as to maintain a proper balance between buildings and open space 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, Poona (now designated as Director of Town Planning, Maharashtra State, Poona) as its head who was later on assisted by one Assistant Consulting Surveyor to Government (now designated as Deputy Director of Town Planning) and Deputy Assistant Consulting Surveyor (now designated as Assistant Director of Town Planning) and two Senior Assistants (now designated as Town Planner) 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 tremendous increase in the activities of this 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 Poona and other offices at present exist at Bombay, Poona, Kolhapur, Nagpur, Amravati, Aurangabad, Jalgaon, Thana, Sholapur, Akola and Nanded. The 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 department to prepare layouts of villages included in the schemes of that department; officers of the department are also called upon to give expert evidence in the courts in land acquisition references and appointed to function as arbitrators to finalise draft town planning schemes prepared by the planning authorities and as part-time or full-time Land Acquisition Officers at important places like Bombay, Poona, Sholapur, Kolhapur, Satara, Ahmad-nagar, etc. Five posts of the Authorised Valuation Officers have been created by Government for fixing rateable values of properties under the provisions of the Maharashtra Municipalities Act, 1965. Their headquarters are at Kalyan, Jalgaon, Amravati, Aurangabad and Miraj.
So far as Buldhana district is concerned, the same is under the jurisdiction of the present branch office at Amravati of this department headed by the Assistant Director of Town Planning, Amravati. The work of the town planning, valuation and allied matters arising from the district of Amravati, Yeotmal and Buldhana is dealt with by the Amravati branch office.
According to the provisions made in the Maharashtra Regional and Town Planning Act, 1966, it is obligatory on every planning authority as defined in that 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. Since the municipal councils have no technical staff, the Town Planners from this department are appointed by them to function as Town Planning Officers under section 24 of the Maharashtra Regional and Town Planning Act, 1966. There are in all 9 municipal councils in the Buldhana district, viz.,-(1) Buldhana, (2) Chikhli, (3) Deulgaon Raja, (4) Khamgaon, (5) Shegaon, (6) Jalgaon, (7) Mehkar, (8) Malkapur, and (9) Nandura. Out of these 9 municipal towns tbe work of the development plans of 8 municipal towns, viz., (1) Buldhana, (2) Chikhli,,(3) Deulgaon Raja, (4) Khamgaon, (5) Shegaon, (6) Jalgaon, (7) Mehkar, and (8) Malkapur is being dealt with by the Amravati branch office. The work of development plan of Nandura is being dealt with by the Akola branch office. So far as Amravati branch office is concerned, the municipal councils of Buldhana and Shegaon have passed resolutions to declare their intention to prepare the development plans for their towns. The municipal councils have been advised to move Government for sanctioning the appointment of the Town Planning Officer under section 24 of the Maharashtra Regional and Town Planning Act, 1966.
The municipal councils of Khamgaon, Malkapur and Jalgaon-Jamod have been advised to declare their intention to prepare development plans for their respective towns. The work in respect of the municipal councils of Chikhli, Mehkar and Deulgaon Raja is held up for want of city survey sheets. Further, the work in respect of development plan of Nandura which is at present with the Akola branch office is in progress and the Town Planner, Akola has been appointed as Town Planning Officer under section 24 of the Maharashtra Regional and Town Planning Act, 1966.
The final town planning scheme, Malkapur No. 1 was prepared by this office covering an area of about 63.35 acres for residential purpose. Government has finally sanctioned the same.
Several layouts in respect of Government lands in Buldhana district were prepared and necessary advice was given to the local authorities as also to the Revenue authorities as and when sought for. Necessary opinion was also given to the Revenue authorities in dispensing off the Government nazul lands in the various towns in the district, and the valuation of lands and buildings either for the purposes of leases, sales, etc., by the State Government. A
number of layouts for the backward class co-operative housing societies, low income group housing societies, etc., were referred for scrutiny and sanction by the local authorities as also by the Revenue authorities, etc., and necessary opinion was offered. During the heavy floods that occurred during the preceding few years a number of villages were affected by the floods and layouts were prepared for them as desired by the Revenue authorities. Besides, a number of building permission cases, non-agricultural conversion and layout cases, grant of land cases, cases for approval of layouts arising out of various development plans were dealt with the remarks offered to local authorities/Revenue authorities. Several layouts for village extensions were also prepared as and when the same were referred to by the Revenue department. Preparation of Industrial Estate layout at Khamgaon for the Khamgaon Industrial Co-operative Estate Ltd. is under consideration with Amravati branch office.
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