LexThe MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION, UPGRADATION AND CONTROL) ACT, 2001
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2001 : Mah. XXVII] 1
THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION,
UPGRADATION AND CONTROL) ACT, 2001
[Text as on 30th January 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Regularisation of Gunthewari developments.
4. Procedure for regularisation.
5. Consequences of regularisation.
6. Upgradation of regularised Gunthewari Development.
7. Control of Gunthewari Development.
8. Power of entry.
9. Service of notice, etc.
10. Public notice how to be made known.
11. Notices, etc. to fix reasonable time.
12. Authentication of orders and documents.
13. Offences by companies.
14. Withdrawal of cases and compounding of offences.
15. Jurisdiction of courts.
16. Protection of action taken in good faith.
17. Members and officers to be public servants.
18. Finality of orders.
19. Power to delegate.
20. Powers of Planning Authority to be exercised by certain officers.
21. Control by State Government.
22. Returns and information.
23. Power to make rules.
24. Power to make regulations.
25. Repeal of Mah. Ord. XIII of 200l and saving.
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2001 : Mah. XXVII] The Maharashtra Gunthewari Developments 3
(Regularisation, Upgradation and Control) Act, 2001
LIST OF AMENDMENT ACTS
1. Amended by Mah. 4 of 2021 (12-03-2021)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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(Regularisation, Upgradation and Control) Act, 2001
2001 : Mah. XXVII] The Maharashtra Gunthewari Developments 5
(Regularisation, Upgradation and Control) Act, 2001
MAHARASHTRA ACT No. XXVII OF 20011
[THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION,
UPGRADATION AND CONTROL) ACT, 2001.]
[This Act received the assent of the Governor on the 10th August 2001; the assent was first published in
the Maharashtra Government Gazette, Part IV, on the 13th August 2001.]
An Act to provide for the regularisation and upgradation of certain Gunthewari developments
and for the control of Gunthewari developments and for matters connected therewith and
incidental thereto.
WHEREAS both houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to promulgate an Ordinance to provide for the
regularisation and upgradation of certain Gunthewari developments and for the control of Gunthewari
developments and for matters connected therewith and incidental thereto ; and, therefore, promulgated
the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Ordinance,
2001, on the 30th April 2001 (Mah. Ord. XIII of 2001) ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ;
It is hereby enacted in the Fifty-second year of the Republic of India as follows :—
1. Short title, extent and commencement.— (1) This Act may be called the Maharashtra
Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 30th April 2001.
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(a) “ Gunthewari development” means plots formed by unauthorisedly sub -dividing
privately owned land, with buildings, if any, on such plots, including excess vacant land under the
Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), not vested in the State Government
but excluding land under encroachment ;
(b) “layout” means a piece of land or contiguous land under common ownership sub-divided
into plots ;
(c) “Planning Authority” means—
(I) for the areas within their respective jurisdiction,—
(i) the Nagpur Municipal Corporation, constituted under the City of Nagpur
Corporation Act, 1948 (C. P. and Berar II of 1950); or
(ii) the concerned Municipal Corporatio n, constituted under the Bombay
Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949); or
(iii) the concerned Municipal Council, constituted under the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL
of 1965); or
(iv) the Nagpur Improvement Trust, constituted under the Nagpur Improvement
Trust Act, 1936 (C. P. and Berar XXXVI of 1936); or
(v) the concerned Special Planning Authority, constituted or appointed or deemed
to have been appointed under secti on 40 of th e Maharashtra Regional and Town
Planning Act, 1966 (Mah. XXXVII of 1966); and
(II) in respect of areas other than those covered by sub -clause (I), the Collector or an officer
authorised by him in this behalf ;
1 For Statement of Objects and Reasons of the L. A. Bill No. LI of 2001 , see Maharashtra Government
Gazette 2001, Extraordinary No. 29, Part V-A, dated the 18th July 2001, page 245.
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(d) “prescribed” means prescribed by rules made under this Act.
(2) Words and expressions used but not defined herein, shall have their respective meanings as
assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
3. Regularisation of Gunthewari developments.— (1) All Gunthewari developments existing
as on 1[the 31st December 2020], shall, on an application being made in this behalf by the plot -holder,
to the Planning Authority, as provided in section 4, be eligible for being considered by the Planning
Authority for regularisation :
Provided that, Gunthewari developments existing in the following areas shall not be eligible for
regularisation, namely :—
(a) Mumbai Metropolitan Region as established under sub -section ( 1) of section 3 of the
Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966);
(b) Scheduled Areas, declared as such by the President of India by an order under paragraph
6 of Schedule V of the Constitution of India;
(c) forests to which the Forest (Conservation) Act, 1980 (69 of 1980) applies;
(d) Coastal Regulation Zone as declared under clause ( v) of sub-section (2) of section 3 of
the Environment (Protection) Act, 1986 (29 of 1986);
(e) Eco -Sensitive Zones or Ecologically Fragile Areas as declared under section 1 and
clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
(f) Hill Stations as notified by the State Government;
(g) Special Tourism Areas, declared as such, by the Central or State Government :
Provided further that, the Gunthewari developments in respect of the following categories of plots
and buildings shall also not be eligible for regularisation, namely :—
(a) plots formed and transferred after 2[the 31st December 2020];
(b) plots existing on lands under acquisition for a public purpose;
(c) plots existing on lands where the provision, or to which the extension, of civic services is
not technically feasible or financially viable ;
(d) plots or buildings (or parts thereof), posing hindrance in the provision of infrastructure
facilities and change i n the plans for such facilities to enable the said plots or buildings (or parts
thereof), to continue to exist is not feasible ;
(e) plots or buildings (or parts thereof) which, in the opinion of the State Government or the
Planning Authority, ought not to be regularised,—
(i) in the public interest ; or
(ii) because of the matter being sub-judice ; or
(iii) as the same is barred by court decisions or orders.
(2) The regularisation of any Gunthewari development shall be subject to the following general
conditions, namely :—
(a) In the layout, ten per cent., of the plots shall vest in the Planning Authority, free of cost :
Provided that, such plots are unsold and unbuilt;
(b) Wherever necessary, open marginal spaces shall be surrendered, to achieve a road -width
of nine meters or required Development Plan road width in the areas of a Municipal Corporation,
a Special Planning Authority and a New Town Development Authority and f our and half meters
or required Development Plan road width in other areas ;
1 The words, figures and letters were substituted for the words , figures and letters “ the 1st January 2001” by
Mah. 4 of 2021, s. 2(a).
2 The words, figures and letters were substituted for the words , figures and letters “ the 1st January 2001” by
Mah. 4 of 2021, s. 2(b).
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(Regularisation, Upgradation and Control) Act, 2001
(c) It shall not be the responsibility of the Planning Authority to provide alternate plots or
otherwise compensate plot -holders displaced or affected by any development or recti fication
carried out in the process, or for the purpose, of regularisation and upgradation of Gunthewari
developments ;
(d) The regularisation of any Gunthewari development shall not confer any title or claim in
respect of the land or building not already enjoyed by its holder prior to such regularisation.
(3) The regularisation of Gunthewari development shall also be subject to the prior payment of
compounding fee and development charge, as may be determined by the State Government, from time
to time :
Provided that, the State Government may, authorise the Planning Authority to determine the
compounding fee or development charge or both, in the area of its jurisdiction.
4. Procedure for regularisation.— (1) The concerned plot-holder shall apply for regularisation
of Gunthewari development within a period of six months from the date of the coming into force of
this Act or such extended time as the Planning Authority may permit.
(2) The application shall be accompanied, inter alia, by,—
(a) documentary proof of ownership or lawful possession of the plot ;
(b) existing layout plan ;
(c) plan of existing construction on such plot ;
(d) rectification plan ;
(e) an undertaking by the applicant to rectify uncompoundable infringements ;
(f) demand draft, drawn on any scheduled bank to cover the amount due as compounding fee
and development charge.
(3) The Planning Authority shall scrutinise the case for fulfillment of the stipulated requirements
laid down under sub -section ( 2), including proof of actual rectification of uncompoundable
infringements, and thereafter, issue a certificate of regularisation, if satisfied on all these counts.
5. Consequences of regularisation.— (1) Notwithstanding anything contained in any other law
for the time being in force, on being regularised, the Gunthewari development shall be deemed to have
been exempted under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976)
from the provisions of Chapter III of the said Act and converted to non-agricultural use for all purposes
of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) , subject to the payment of non -
agricultural assessment and the other terms and conditions of such conversion and the provisions of the
Development Plan or the Regional Plan, as the case may be, shall, so far as such development is
concerned, stand modified or relaxed, as may be required.
(2) On such regularisation of Gunthewari development under section 3, by the concerned
Planning Authority, all court cases or other proceedings, filed by such Planning Authority, and pending
in any court in so far as they relate to such unauthorised development, shall abate.
6. Upgradation of regularised Gunthewari development.— (1) The amounts accruing to the
Planning Authority on account of compounding fee shall be kept by the Planning Authority in a
separate head of account , layout-wise and utilised for providing on -site infrastructure (other than
electricity supply) in the layout :
Provided that, fifteen per cent. of such amount shall be retained by the Planning Authority
towards administrative charges.
(2) The on -site development of the layout shall be undertaken in proportion to the amount of
compensation received by the Planning Authority.
(3) Common or indivisible infrastructure or services or amenities or facilities shall be provided by
the Planning Authority only after such minimum proportion of number of plots in the layout, as may be
determined by the State Government, from time to time, have been regularised.
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(4) Individual or divisible infrastructure or services or amenities or facilities may be provided as
per the terms and conditions prescribed under the relevant law, after the plot has been regularised.
7. Control of Gunthewari development.— (1) If any plot -holder has not applied for
regularisation within the specified period, as provided in sub -section ( 1) of section 4, the Planning
Authority shall, before initiating any action under sub -section (2), against the holder of such plot, for
demolition of such unauthorised construction, give such plot -holder, one month’s notice, to apply for
regularisation of such unauthorised development.
(2) On the plot -holder’s failure to apply for such regularisation, as provided in sub -sections (1)
and (2) of section 4, within the time limit specified in the notice, or his application for regularisation is
rejected by the Planning Authority, the Planning Authority shall demolish the unau thorised
construction.
(3) The police shall provide adequate protection and support to the Planning Authority for
carrying out the demolition under sub-section (2).
(4) (a) The chief executive officer of the Planning Authority or the Collector, as the ca se may be,
who fails to remove any Gunthewari development undertaken after the date of coming into force of
this Act, within a period of six months from the date of its occurrence or the Commissioner of Police or
the Superintendent of Police, as the case m ay be, who fails to provide adequate police protection and
support for carrying out the demolition as aforesaid; or
(b) a person who in any way prevents or obstructs the Planning Authority or Collector or
Commissioner of Police or Superintendent of Police, in the discharge of their duties as aforesaid ; or
(c) a person who after the date of coming into force of this Act, carries out any Gunthewari
development; or
(d) a person who aids or abets such unauthorised development or prevention or obstruction of
such demolition ;
shall be deemed to have committed an offence under this Act, and shall, on conviction be
punishable with fine upto rupees ten thousand :
Provided that, the incumbent chief executive officer of the Planning Authority or the Collector
shall not be liable unless he has held the post for not less than six months, immediately before the date
of commission of the offence :
Provided further that, no prosecution of the chief executive officer of a Planning Authority or a
Collector or a Commiss ioner of Police or a Superintendent of Police for any offence under this sub -
section, shall be instituted except with the previous sanction of the State Government.
8. Power of entry.— (1) The Planning Authority or any officer authorised by it, may enter into
or upon any land or building with or without assistants or workmen for the purpose of,—
(a) ascertaining whether any land is being or has been developed in contravention of any
provision of this Act or any other law ;
(b) making any measurement or survey or taking levels of such land or building ;
(c) setting out and marking boundaries and intended lines of development ;
(d) marking such levels, boundaries and lines by placing marks and cutting trenches ;
(e) examining works under construction and ascertaining the course of sewers and drains :
Provided that,—
(i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden
attached to such building, n o such entry shall be made except between the hours of sunrise and
sunset and without giving its occu pier at least twenty -four hours notice, in writing, of the
intention to enter ;
(ii) sufficient opportunity shall, in every instance, be given to enable w omen (if any), to
withdraw from such land or building ;
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(iii) due regard shall always be had, so far may be compatible, with the exigencies of the
purpose for which the entry is made, to the social and religious usages of the occupants of the
land or building entered.
(2) The powers of the Planning Authority or any person authorised by the Planning Authority in
this behalf, shall extend only to the area under its jurisdiction.
9. Service of notice, etc. — (1) All documents including notices and orders re quired by this Act
or any rule or regulation made thereunder, to be served upon any person shall be deemed to be duly
served,—
(a) Where a document is to be served on a Government department, railway, local authority,
statutory authority, company, corpora tion, society or other body, if the document is addressed to
the head of the Government department, General Manager of the railway, Secretary or Principal
Officer of the local authority, statutory authority, company, corporation, society or any other
body, at its principal branch, local or registered office, as the case may be, and is either,—
(i) sent by registered post to such office ; or
(ii) delivered at such office ;
(b) where the person to be served is partnership firm and if the document is addressed to
such firm at its principal place of business, identifying it by the name or style under which its
business is carried on, and is either,—
(i) sent by registered post to such office; or
(ii) delivered at the said place of business ;
(c) in any other case, if the document is addressed to the person to be served, and,—
(i) is given or tendered to him ; or
(ii) if such person cannot be found, is affixed on some conspicuous par t of his last
known place of residence or business, or is given or tendered to some adult member of his
family or is affixed on some conspicuous part of the land or building to which it relates ; or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the owner or occupier of any
land or building may be, addressed “the owner” or “ the occupier”, as the case may be, of that land or
building (naming or describing that land or building) without furt her name or description and shall be
deemed to be duly served,—
(a) if the document so addressed is sent or delivered in accordance with clause ( c) of
sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed is delivered to so me person
on the land or building.
(3) Where a document is served on a partnership firm in accordance with this section, the
document shall be deemed to have been served on each partner of such firm.
(4) For the purpose of enabling any documents to be se rved on the owner of any property, the
Planning Authority may, by notice in writing, require the occupier (if any), of the property to state the
name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor the service upon his
guardian or any adult member of his family shall be deemed to be service upon the minor.
Explanation.— A domestic servant is not a member of the family within the meaning of this
section.
10. Public notice how to be made known. — Every public notice given under this Act or rules
or regulations made thereunder shall be in writing over the signature of such officer who may be
authorised in this behalf by the Planning Authority and shall be widely made known in the locality to
be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by
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publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such
other means which the officer thinks fit.
11. Notices, etc. to fix reasonable time.— Where any notice, order or other document issued or
made under this Act or any rule or regulation made thereunder requires anything to be done for the
doing of which no time is fixed in this Act or rule or regulations made thereunder , the notice, order or
other document shall specify a reasonable time for doing the same.
12. Authentication of orders and documents.— All permissions, orders, decisions, notices and
all documents of a Planning Authority shall be authenticated by the signature of such officer as may be
authorised by such Authority in this behalf.
13. Offences by companies. — (1) Where an offence under this Act, or the rules made
thereunder, is committed by a company, every person who at the time when the offence was
committed, was in-charge of, and was responsible to the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly :
Provided that, nothing contained in this sub -section shall render any person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1), where any offence under this Act or
the rules made thereunder, has been committed by a company with the consent or connivance of, or is
attributable to or on the part of, any Director, Manager, Secretary o r other Officer or servant of the
Company, such Director, Manager, Secretary or other Officer or servant concerned shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.— For the purposes of this section,—
(a) “company” means a body corporate and includes a trust, a firm, a society, an institution
or other association of individuals ; and
(b) “director” in relation to,—
(i) a firm means a partner in the firm ;
(ii) a society, a trust, an institution or other association of persons, or body of
individuals, means the person who is interested under the rules or bye -laws of the society,
trust, institution or other association or body with the management of the affairs of the
society, trust, institution or other association or body, as the case may be.
14. Withdrawal of cases and compounding of offences. — (1) No court case initiated for any
offence punishable under this Act or rules made thereunder shall be withdrawn e xcept with previous
sanction of the Planning Authority or any officer authorised by such Authority in this behalf.
(2) Except with regard to offences, the prosecution for which requires previous sanction of the
State Government, the Planning Authority or any person authorised in this behalf by the Planning
Authority, by general or special order may, either before or after the institution of the proceedings,
compound any offence made punishable by or under this Act or rules made thereunder.
(3) When an off ence has been compounded, the offender, if in custody, shall be discharged and
no further proceedings shall be taken against him in respect of the offence compounded.
15. Jurisdiction of courts. — No court inferior than that of a Judicial Magistrate of th e First
Class shall try an offence punishable under this Act.
16. Protection of action taken in good faith. — No suit, prosecution or other legal proceedings
shall lie against any person for anything which is in good faith done or intended to be done unde r this
Act or any rules or regulations made thereunder.
17. Members and officers to be public servants. — Every member and every officer and other
employee of the Planning Authority shall be deemed to be a public servant within the meaning of the
Indian Penal Code (XLV of 1860).
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(Regularisation, Upgradation and Control) Act, 2001
18. Finality of orders. — Every order passed or direction issued by the State Government or
order passed or notice issued by any Planning Authority under this Act shall be final and shall not be
questioned in any suit or other legal proceedings.
19. Power to delegate.— (1) The State Government may, by notification in the Official Gazette,
delegate any power exercisable by it under this Act, or rules made thereunder to any officer of the State
Government in such case and subject t o such conditions, if any, as may be specified in such
notification.
(2) The Planning Authority may, by an order in writing, delegate any power exercisable by it
under this Act or rules or regulations made thereunder, to any officer of the Planning Author ity in such
cases and subject to such conditions, if any, as may be specified therein.
20. Powers of Planning Authority to be exercised by certain officers. — The power and
functions of a Planning Authority shall, for the purposes of this Act, be exercised and performed by the
following officers, namely :—
(a) in the case of a Municipal Corporation, by the concerned Municipal Commissioner or
such other officer as he may appoint in this behalf ;
(b) in the case of a Municipal Council, by the concerned Chief Officer of the Council;
(c) in the case of the Nagpur Improvement Trust or a Special Planning Authority, by the
chief executive officer or person exercising such powers under the Acts applicable to such
authorities; and
(d) in the case of Collector, either the Collector or such other officer as he may authorise in
this behalf.
21. Control by State Government. — (1) Every Planning Authority shall carry out such
directions or instructions as may be issued from time to time by th e State Government for the efficient
administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any
Planning Authority under this Act, any dispute arises between the Planning Authority and the State
Government, the decision of the State Government on such dispute shall be final.
22. Returns and information. — Every Planning Authority shall furnish to the State
Government such reports, returns and other information as the State Government may, from time to
time, require.
23. Power to make rules. — (1) The Sta te Government may, by notification in the Official
Gazette, and subject to the condition of previous publication make rules to carry out the all or any of
the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be, after it is made before each
House of the State Legislature, while it is in session for a total period of thirty days, which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session or sessions immediately following, both Houses agree in making
any modification in the rule or both houses agree that the rule should not be made, and notify such
decision in the Official Gazette, the rule shall, from the date of publication of such decision, have effect
only in such modified form or be of no effect, as the case may be ; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done or
omitted to be done under that rule.
24. Power to make regulations. — The Planning Authority may, with the previous approval of
the State Government, make regulations consistent with this Act and the rules made thereunder, to
carry out the purposes of this Act.
25. Repeal of Mah. Ord XIII of 2001 and saving. — (1) The Maharashtra Gunthewari
Developments (Regularisation, Upgradation and Control) Ordinance, 2001 (Mah. Ord. XIII of 2001), is
hereby repealed.
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(2) Notwithstanding such repeal, anything done or any action taken (including an y rule made or
notification or order issued) under the said Ordinance, shall be deemed to have been done, taken or
issued, as the case may be, under the corresponding provisions of this Act.