Exclusion of whole or part of development area from operation of act. The monopolies and restrictive trade practices act mrtp act was passed by parliament of india on 18 december 1969 and got presidents assent on december 27, 1969. According to nnmc, i have carried illegal construction without. An act to make provision for planning the development and use of land in regions established for that purpose and for the. Unauthorised construction of apartments with out permission under maharashtra regional and town planning act, 1966 for short, the 1966 act fresh writ petition on third round litigation the action taken by the corporation is ultra vires the provision contained in section 533 of the maharashtra regional and town planning act, 1966 for short, the 1966 act and held. Offence under mrtp bailable or not free legal advice. Maharashtra regional and town planning act, 1966 file no1. Mbmc razes illegal structures on crz land free press journal. In some cases the principal act andor amendment act may not be available. Monopolies and restrictive trade practices mrtp act, 1969 was revoked and replaced by competition act, 2002. Section 21 and not the revised development plan under section 38. Bharti airtel limited vs the state of maharashtra and. Xxxvii of 1966, and of all other powers enabling it in this behalf is hereby published as required by sub section 1 of section. Mrtp act monopolistic and restrictive trade practice.
Government gazette, part ivon the 20th day of december 1966. The case against the mall was registered under section 53 of the maharashtra regional and town planning act mrtp, 1966 for carrying out construction without permission. The maharashtra regional and town planning act, 1966 keywords. Monopolies and restrictive trade practices act 1970 gktoday.
To ensure that the operation of the economic system does not result in the concentration of. Bmc has issued us section 531 of maharashtra regional. Civil suits no longer a tool to protect illegal buildings vantage asia. Whereas it is expedient further to amend the maharashtra regional and town planning act, 1966, for the purposes hereinafter appearing. The article is a discussion on the monopolies and restrictive trade practices act, 1970 mrtp act. Sir there was no problem for past 15 years form the same people. In previous years it has been known as trade practices law. Competition law is a law that promotes or seeks to maintain market competition by regulating anticompetitive conduct by companies. Maharashtra regional and town planning act, 1966 maharashtra act no. The court had pointed out that the mrtp act provides a comprehensive policy for planned development of cities and towns, which would be completely turned on its head with the states proposal to. The provisions of section 52 of the mrtp act, 1966, reads thus. Section 52 view judgements penalty for unauthorised development or for use otherwise than in conformity with development plan. Gom gazette of mrtp ammedment notification peata india. Maharashtra regional town planning act sections challenged.
The bench comprising justice as oka and justice ak menon read down section 52 a of the mrtp act to mean that non obstante clause in sub section 1 of section 52. In response to a series of complaints, ward officer deepali joshi inspected the spot survey number old. Principal acts may or may not include subsequent amendments. Bombay hc reads down mrtp act provision which permitted en. I would like to know what can be done to avoid the redo of house. The preamble to the act suggests that the mrtp act was enacted. Bombay high court refuses relief to devotees who wanted to. Xxxvii maharashtra regional and town planning act, 1966 chapter iiia. They exploited indias resources for their own selfish purposes and ruined the indigenous industries prevailing in india at that point of time handicrafts, etc. Penalty for unauthorised development or for use otherwise than in conformity with development plan. We had converted out kitchen to a room and for that they have complained to bmc. Mrtp and the new industrial policy ymrtp act became effective in june 1970 yemphasis was placed on increasing productivity ymj d t t th at id i 1982 d major amendments to the act were carried on in 1982 and 1984. Further, when the sanctioned dc regulations for greater bombay, 1991 do not apply to areas covered within crz ii, since those regulations came into force with. A statutory action was initiated under the mrtp act and the respondents.
In these circumstances, the provisions of section 52 a will not come to the rescue of the petitioners. It is true that even if the jurisdiction of the civil court is excluded, where the provisions of the statute have not been complied with or the statutory tribunal has not acted in conformity with. Xxxvii of 19661 received the assent of the president on the th day of december, 1966. Mrtp act, was enacted to deal with monopolistic, restrictive and unfair trade practices, but due to certain limitations, competition act. A distinction was drawn between section 52 which provides.
Not a single permission from the planning authority was taken under the mrtp act, 1966, or under any other law. Maharashtra regional and town planning act, 1966 notice. The maharashtra regional and town planning act, 1966 and. Bmc has issued us section 531 of maharashtra regional and town planning act 1966 and told us to redo the kitchen into same old thing within 30 days. Regional town planning act, 1966 mrtp act, a civil suit cannot be instituted as a. Difference between mrtp act and competition act with. Justice more said, in this case, temples have been constructed by encroaching upon midc land. What should i do as i got 30 days time to either redo the house.
As per section 52 of the mrtp act which states the following. Esha ekta apartments cooperative housing society ltd vs. Maharashtra regional and town planning act, 1966 whether. Study of maharashtra regional town planning act 1966 48 years in existence prepared by. Bombay hc reads down mrtp act provision which permitted enbloc regularization of illegal constructions read judgment. In section 53 of the principal act, for sub section 1, the following subsections shall be substituted, namely. The maharashtra regional and town planning act 1966. Answers 1 as per section 52 of the mrtp act which states the following. Knowing the difference between mrtp act and competition act, will help you understand the provisions relating to trade practices in a better way.
Competition law is implemented through public and private enforcement. Amendments concerning tp schemes special emphasis on puneregion after the accession of development plan in the. Devakibai vs state of maharashtra and another citation. Mrtp act,1969 the mrtp, 1969, aimed to prevent concentration of economic power to the common detriment, provide for control of monopolies and probation of monopolistic, restrictive and unfair trade practice, and protect consumer interest i. In a bid to clamp down on illegal constructions, the state government is planning to amend the maharashtra regional and town planning mrtp act and will issue an ordinance soon, the legislative council was told on wednesday. Commissioner, h ward of the defendant, alleging therein that the plaintiff has carried out unauthorized development under the provisions of 52 1 of the mrtp act and called upon the plaintiff to restore the same as per the original sanctioned plan.
Civil suits no longer a tool to protect illegal buildings. For section 52a of the principal act, the following shall be substituted namely. These words within seven years of such development deleted by mali, 39 of 1994, s. Dcr 1090rdpud11, date the 21th february, 1991 to come into force with effect from the 25th march, 1991. This act may be called the maharashtra regional and town planning. Former ips officer and lawyer yp singh, who had been pursuing the case against patliputra for a decade now, had then alleged that the police deliberately booked the mall. June, 1999 under section 43 read with section 52 of the maharashtra regional and town planning act, 1966 mrtp.
Maharashtra to amend mrtp act to check illegal constructions. Bmc has issued us section 53 1 of maharashtra regional and town planning act 1966 and told us to redo the kitchen into same old thing within 30 days. In section 129 of the maharashtra regional and town planning act, 1966. Xxxvii of 1966 hereinafter referred to as said act has appointed mumbai metropolitan region development authority hereinafter referred to. As part of internship assignment2011study of maharashtra regional town planning act. The maharashtra regional and town planning act, 1966. Of the abovementioned five changes, only the first two changes are chosen here for detailed comment because not only do these two changes add completely new features to the mrtp act but their introductiotn will also make a material difference to the objectives, scope and administration. The monopolies and restrictive trade practices act, 1969. Competition law is known as antitrust law in the united states for historical reasons, and as antimonopoly law in china and russia. Government in the urban development department, under section 311 of the maharashtra regional and town planning act, 1966 hereinafter referenced to as the said act vide notification no. I n the recent case of prathamesh tower cooperative housing society limited v gorai road borivali shree ganesh cooperative housing society ltd and ors, bombay high court held that when a civil suit is expressly barred under the maharashtra regional town planning act, 1966 mrtp act, a civil suit cannot be instituted as a means to perpetuate the continuing wrongact of retaining an.
Nov2016 ii explain authorized development under the mrtp act, 1966. Two lawyers knocked the doors of judiciary challenging certain provisions of maharashtra regional town planning mrtp act, 1966, alleging its misuse by the civic officials to harass the. In view of the peculiar circumstances obtaining in the instant case, the court is of the opinion that section 46 of the mrtp act, 1966 would not apply to the facts of the instant case. Section 52 of the maharashtra regional and town planning.