Maharashtra Regional & Town Planning Act, 1966
Guest
(Querist) 18 April 2010
This query is : Resolved
1. Whether in order to implement the development plan, which is now a final & sanctioned one under The Maharashtra Regional & Town Planning Act, 1966, is it mandatory to frame Town Planning Schemes by the Planning Authority under the act ?
It appears from the language used U/s. 59 that, since the word "may" is used, it is discretionary for the planning authority to frame such schemes. But,perusing the act, in toto, & reading S. 42 thereof, it appears to me in the facts of the case that, framing of Town Planning Schemes is mandatory to implement the development plan, failing which all the provisions of or relating to the Town Planning Schemes will be rendered redundant.
please kindly tell me whether my interpretation is correct & safe & whether can i get any case law on this point. If i am provided with those case laws, i will be highly obliged.
