Maharashtra Regional Town Planning (MRTP) Act & Illegal Construction Cases

The Maharashtra Regional and Town Planning (MRTP) Act, 1966, governs urban planning and development in Maharashtra. It provides a legal framework for preparing development plans, controlling land use, and regulating construction activities to ensure planned growth.

MRTP Act & Illegal Constructions

Key Provisions Related to Illegal Constructions:

• Section 52 - Offense of Unauthorized Development:
  • Any construction done without necessary permissions from the planning authority is illegal.
  • The responsible person can be penalized, and the unauthorized structure can be demolished.
• Section 53 - Notice for Unauthorized Development:
  • If an illegal construction is identified, the planning authority issues a Show Cause Notice to the owner, asking them to justify the construction.
  • The authority may also ask the owner to restore the land to its original state.
• Section 54 - Demolition of Unauthorized Structures:
  • If the owner fails to respond or comply, the authority has the power to demolish the illegal structure.
  • Costs for demolition can be recovered from the owner.
• Section 55 - Stoppage of Unauthorized Development:
  • Authorities can issue an order to immediately stop ongoing unauthorized construction.
  • Non-compliance can lead to legal action.
• Section 56 - Removal of Unauthorized Construction:
  • The authority can take direct action to remove illegal structures after giving notice.
• Section 57 - Power to Seal Premises:
  • Authorities can seal illegally constructed properties to prevent their use.
• Section 142 - Penalties for Offenders:
  • Fine and/or imprisonment for persons involved in illegal construction, including builders and officials who facilitate it.

Legal Recourse for Affected Parties:

• Appeal to Municipal Commissioner / Town Planning Authority
• Filing a Petition in the High Court
• Regularization under Specific Government Schemes (if applicable)

Regularization of Illegal Constructions:

In some cases, the government announces amnesty schemes where illegal constructions can be legalized by paying penalties and following regulations.