MRTP Act Sections 21–24: duty to prepare a development…

Core facts

Chapter III of the MRTP Act (ss.21–42) deals with the Development plan.
s.2(9) "Development plan": a plan for the development or re-development of the area within the jurisdiction of a Planning Authority, including its revision and proposals of a Special Planning Authority.
s.2(19) "Planning Authority": a local authority, and includes a Special Planning Authority (s.40) and the Slum Rehabilitation Authority for slum rehabilitation areas.
s.21(1): within three years of the Act's commencement, every Planning Authority must survey, prepare an existing land-use map, prepare a draft DP in accordance with the Regional plan (if any), publish a notice and submit the plan to the State Government for sanction.
Quarterly report: the Planning Authority sends a quarterly report on progress to the State Government (s.21(1)).
s.21(2): a Planning Authority constituted after the Act must, within three years of its constitution, declare its intention, prepare the draft DP, publish a notice and submit it to the State Government.
s.21(3): the State Government may extend the period, by written order with reasons.
s.21(4) default: if the s.23 declaration is not made, or the draft DP is not submitted in time, the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department, or an officer he nominates not below Assistant Director of Town Planning, declares the intention, surveys, prepares the DP and recovers the cost from the Planning Authority's funds.
s.23: before the survey, the Planning Authority passes a resolution declaring its intention to prepare a DP and invites objections and suggestions for not less than 60 days from the Gazette notice.
s.24: at the time of the declaration, the Planning Authority resolves to appoint a qualified Town Planning Officer, and appoints him with prior sanction of the State Government.

Explained

Sections 21 to 24

Section	Subject	Key point
21	Development plan: duty and time	3 years; quarterly report; default by State officer
22	Contents of DP	(next note)
22A	Modification of a substantial nature	(next note)
23	Declaration of intention	Resolution; boundary plan to Govt; objections ≥ 60 days
24	Town Planning Officer	Appointed at the declaration, with State sanction

Section 23 in steps

Planning Authority passes a resolution declaring its intention.
Sends the resolution and a plan showing only the boundary of the DP area to the State Government.
Publishes a notice in the Official Gazette and one or more local newspapers.
Invites suggestions or objections within not less than 60 days.
Keeps the boundary plan open for inspection at its head office (s.23(2)).

Town Planning Officer (s.24) is appointed to:

carry out the survey of the area;
prepare the existing land-use map;
formulate DP proposals for submission to the Planning Authority.
Implementing the DP is not his statutory role; it is the Planning Authority's duty (s.42).

Default provisions

s.21(4): if the draft DP is not submitted in time, the State officer prepares it, publishes notice and submits it, with all the powers of the Planning Authority, at the authority's cost.
s.21(4A) (Mah. 10 of 2011): if the time fixed under ss.25, 26 and 30 lapses, the Planning Authority is deemed to have failed, and the remaining work up to submission under s.30 passes to the same State officer (ss.23 and 28 were dropped from this list in 2014; the 2011 text listed ss.23, 25, 26, 28 and 30).
- Provisos (Mah. 5 of 2014): the officer must finish within the period the Director of Town Planning fixes by order, which cannot exceed the original period in the relevant section.

Common traps

✗ "The quarterly progress report goes to the Director of Town Planning." ✓ To the State Government (s.21(1)).
✗ "A new Planning Authority has two years to act under s.21." ✓ Three years from its constitution.
✗ "On default, the Collector prepares the DP." ✓ The Divisional Joint Director or Deputy Director of Town Planning or his nominee (not below Assistant Director), at the Planning Authority's cost.
✗ "Deemed failure under s.21(4A) applies to the deadlines of ss.23 and 28." ✓ Only ss.25, 26 and 30 (as amended in 2014).
✗ "Objections on the declaration of intention: 30 days." ✓ Not less than 60 days (s.23); 30 days is the general period for the draft DP (s.26).
✗ "The TPO implements the DP." ✓ He surveys, prepares the ELU map and formulates proposals; implementation is the Planning Authority's duty (s.42).
✗ "The Planning Authority appoints the TPO on its own." ✓ With previous sanction of the State Government (s.24).

Quick revision

Chapter III = ss.21–42 (Development plan).
s.21: 3 years; in accordance with RP; quarterly report to State Govt.
s.21(3): State Govt may extend, with reasons.
s.21(4): default → Divisional Jt/Dy Director TP (≥ Asst Director), cost from PA funds.
s.21(4A): deemed failure if the s.25, 26 or 30 deadline lapses; officer finishes within the DTP's period.
s.23: resolution + boundary plan to Govt; Gazette + local paper; objections ≥ 60 days.
s.24: TPO appointed at declaration, with State sanction.
TPO: survey, ELU map, DP proposals.
s.43: permission needed after the s.23 declaration.

Go deeper: Deeper, Mains writing (beyond what MPSC ATP usually asks)

Deeper Advanced

2014 changes (Mah. 5 of 2014, w.e.f. 4 October 2013).
- s.21(4) now names the Divisional Joint Director or Deputy Director of the Town Planning and Valuation Department (the 2011 text said Divisional Deputy Director), and also applies when the s.23 declaration itself is not made.
- s.21(2) now requires a new Planning Authority to declare its intention, prepare and publish the draft DP and submit it within three years of its constitution.
Committee when the officer acts. Where the Divisional Joint/Deputy Director or his nominee acts under s.21(4), the Planning Committee of s.28(2) may consist of that officer (plus up to four experts appointed by the Director of Town Planning).
"The said Officer". Throughout ss.23–31, "the said Officer" means the State officer acting under s.21(4) or (4A). He makes the declaration, surveys, publishes and submits just as the Planning Authority would.
s.21(5) conversions. If a local authority is converted, amalgamated or split, its DP, with changes the State Government approves, becomes the DP of the new authority or authorities.
Why a declaration first. It fixes the area, starts development control (under s.43, permission is needed after the s.23 declaration is published), and gives the public an early say.
Who is a "local authority" (s.2(15)): Municipal Corporations, Municipal Councils and Nagar Panchayats, and Zilla Parishads, MHADA and the Nagpur Improvement Trust where the State permits them to act as Planning Authority.

Mains writing Mains writing

Frame: the MRTP Act makes the DP a legal duty with deadlines and a fallback, so a city cannot stay unplanned simply by inaction.
Analysis points:
- Time limits at every stage, tightened in 2011 and 2014.
- Deemed failure passes work to the Town Planning Department, at the defaulter's cost.
- Early public participation through s.23.
- In practice, delays come from weak municipal planning cells and repeated extensions.
Way forward: permanent DP units in ULBs, GIS base maps ready before the declaration, and limited, reasoned extensions.
Example: a Municipal Council that misses the deadline loses control of plan preparation to the Divisional town planning office, which recovers its cost from the council's fund.

Medha AI writes its own notes and checks them against the sources listed. Medha AI is an independent preparation service. It is not affiliated with, endorsed by or connected to APPSC, TSPSC, MPSC, UPSC or any other commission or government body.

7.1.1 MRTP Act Sections 21–24: duty to prepare a development plan, declaration of intention, default and Town Planning Officer

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