AUTHORITIES RELATED TO DEVELOPMENT CONTROL

 

In addition to the Development Control Regulations prepared by planning authorities, and special planning authorities which are specific instruments of regulating development, there are other laws, rules, regulations and policies which aided the development control efforts.

There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety.

The collector is required to consult the below mentioned authorities dealing with the above subject. These authorities may give clearance for development under some conditions. These conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose.

 

                                                       1.            Town Planning Department:

                                                       2.            Health Department

                                                       3.            The Mumbai Village Panchayat Act, 1958

                                                       4.            Laws Related To Development Along Roads

                                                       5.            Mumbai Highways Act, 1955

                                                       6.            National Highway Act 1956

                                                       7.            Environment (Protection) Act, 1986

                                                       8.            Indian Forest Act, 1927

                                                       9.            Forest Conservation Act, 1980

                                                   10.            Maharashtra Acquisition Of Private Forests Act, 1975

                                                   11.            Minor Mineral (Extraction) Act, 1955 And Explosives Act, 1984

 

Town Planning Department:

 

The Collector’s office is not equipped in terms of staff and technical knowledge to handle the complex task of development permissions. Therefore he is required to consult Town Planning Department for technical scrutiny.

 

The Maharashtra State has an independent Town Planning and Valuation Department under the administrative control of the Urban Development, Public Health and Housing Department. The department principally deals with the important subjects of town planning and valuation of real properties. One of the important duties of this department is to scrutinize miscellaneous building permission cases and layouts received from the Collectors and to recommend suitable building regulations for adoption in the areas concerned.

 

Since the introduction of standardized building bye laws and DC Rules for B. & .C. Class municipal councils in the State in 1981, these have been used for scrutinizing applications for N.A. permissions out side the jurisdiction of planning authority.

 

Health Department

 

This department is giving opinion to the collector in connection with the impact of development on public health and safety.

 

The Mumbai Village Panchayat Act, 1958

 

Development may cause inconvenience to local people. Development may block old footways, cart ways, water channels and may have detrimental impact on surrounding area. Therefore the person intend to develop land is required to declare his intention to develop land through Grampanchyat by making application for obtaining No Objection Certificate from them. Grampanchayat shall issue NOC with or without conditions after considering objections and suggestion received from local people.

 

Laws Related To Development Along Roads

 

 No development abutting EW, NH or SH, Major District Road are permitted without obtaining the NOC for access to such development from 7Highway Authorities or 8other appropriate authority.

 

7Highway Authorities

National Highway Authority of India is set up in 1989. It started functioning in February, 1995. It is an autonomous body entrusted with the responsibility of development, maintenance and operation of the National Highways and other associated facilities vested in the Government of India.

8other appropriate authority

Commercial centers, residential complexes, factories, etc. along the road side are coming under the jurisdiction of Public Works department. The applicant has to send the proposals for approach road to PWD. Chief Engineer is empowered to grant the permission.

 

Mumbai Highways Act, 1955,

 

It controls ribbon development along the State Highways. The Bombay Highways Act, 1955 is in force in Maharashtra State. This Act, among other things, provides for restriction of ribbon development. For control/arresting ribbon development, the Act provides for;

i. Fixing building or control lines so as to limit building activity,

ii. Restricting new access for the main Highway, and

iii. Diverting existing accesses by providing alternative connections at a reasonable distance.

National Highway act 1956

 

The legal provision for controlling development along National Highways does not exist. In the absence of ribbon development rules, the building lines along the national highways, state highways and major district roads are controlled on the basis of guidelines issued by the Central Govt.

 

For more details please Development along Roads.

 

Environment (Protection) Act, 1986

The Central Government have declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) up to 500 metres from the 9High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL as Coastal Regulation Zone; and imposed the restrictions on the setting up and expansion of industries, operations or processes, etc. in the said Coastal Regulation Zone (CRZ). The environmental clearance is required to obtain from the Ministry of Environment and Forests, Government of India for the activities mentioned above. For more details please see “Protection to environment”.

9High Tide Line means the line on the land up to which the highest water line reaches during the spring tide.

Indian Forest Act, 1927

Forest Conservation Act, 1980

Maharashtra Acquisition of Private Forests Act, 1975

 

Diversion of forest land for non-forest purpose requires permission from central Government.

 

Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984

 

The rules made under these Acts have been controlling the quarrying activities through licenses or permits.