3.11 Relocation of D.P. / R.P. sites / roads

If the land proposed to be laid out for any development is affected by any reservations of public purposes, the Authority may allow adjusting the location of such reservation to suit development without altering the area of such reservation. Provided that such shifting of the reservations shall not be permitted :-

a) If the reservation proposed to be relocated is in parts;

b) If the reservation proposed to be relocated is beyond 500 m. from the original location in the Development Plan;

c) If the reservation proposed to be relocated is beyond the holding of the same owner;

d) Unless the alternative location and size is at least similar to the location and size of the Development Plan as regards access, levels, etc.;

e) If the reservation is already relocated under these regulations;

f) If the land is reserved considering its geographical location like Bio-Diversity Proposal, Nallah training reservation etc. and;

g) Unless the relocation is within area covered by the layout or development permission under sanction. All such relocation of the reservations shall be carried out by the Authority and shall be reported to the Government and Director of Town Planning, Maharashtra State at the time of sanctioning the development permission. The Development Plan is deemed to be modified to that extent. Notwithstanding anything contained in this regulation, the relocation of the reservation from a land may also be permitted on any land within 300 meters belonging to other owner‘s land if the said other owner consents (by way of registered deed) to such relocation of reservation on his land and consents to hand over his land to the Planning Authority where reservation is proposed to be relocated in lieu of TDR and also subject to restrictions mentioned in above sub Regulation

No.(d), (e), and (f). In such case, the other owner may not be insisted to submit the layout or development proposal for his land. In case of shifting of road alignment, the same shall be allowed without change in the inlet & outlet points and also, without affecting smooth flow of traffic.

Provided that such shifting shall be carried out by the Authority in consultation with Divisional Joint Director of Town Planning in case of D class Municipal Corporations, Municipal Councils, NagarPanchayats and Regional Plan areas. In such case of shifting, the Development Plan / Regional Plan shall be deemed to be modified to that extent.