5.1.1 Development Permissible Adjacent to Gaothan

For the villages in the area of Regional Plans (excluding the area of Local Bodies and SPA where Development Plan or planning proposal is sanctioned) where no specific residential zone is shown, for such villages, development permissible in residential zone, may be permitted :-

i) within a belt of 2.00 km. from the boundaries of Municipal Corporation, 1.00 km. from the boundaries of Municipal Council and 0.50 km. from the boundaries of Nagar Panchayat, where zone plans are (1) prepared or not prepared in the Regional Plan for such area;

(1) However the proposed development within such belt shall be guided by the road network of published / sanctioned zone plans or elsewhere proper road network plan prepared and approved by the Director of Town Planning within 6 months or within such time limit as extended by Government.

ii) within a belt of 500 meters from the gaothan limits of settlements having a population of less than or equal to 5000 as per the latest Census and;

iii) within a belt of 1500 meters from the gaothan limits of settlements having a population of more than 5000 as per the latest Census;

iv) in the case of settlements of both the categories mentioned (1) in (ii) and (iii) above, falling in the planning areas / Zone Plans of Regional Plans, such distance from the gaothan limits shall be 500 meters only;

v) in the case of village settlements in the Western Ghat hilly area (eco sensitive zone) in Regional Plan of Satara, Pune, (1) Ahmednagar, Dhule, Kolhapur, Nashik, Nandurbar, Sangli, Sindhudurg, Thane, Palghar and Raigad District or as notified by Govt. from time to time such distance shall be 200 m. only

vi) in the case of villages in Regional Plan of Mumbai Metropolitan Region and Raigad, such distance shall be 500 m. only.

Provided that, such development shall be permitted only on payment of premium of the total area of land. Such premium shall be calculated considering 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. This rate of premium shall be subject to orders of the Government from time to time;

Provided further that, for the areas which are converted into Municipal Councils / Nagar Panchayats within the Regional Plan (under the provision of Maharashtra Municipal Councils, Nagarpanchayats and Industrial Townships Act, 1965), such premium shall be calculated considering 5% rate of the said land as prescribed in the Annual Statement of Rate for the year while granting such residential development (without considering the guidelines therein).

Provided further that, no such premium shall be applicable for development of an individual house of an owner or farm house on owner's land.

(1) Inserted vide Corrigendum / Addendum No.CR.121/21, dt.02nd December, 2021

Provided further that no such premium shall be applicable for revised permission on the land where development / Layout permission is granted prior to sanction of the respective Regional Plan, more specifically mentioned in Regulation No.5.1.3.

Provided further that where more than 50 percent of area of the Survey Number / Gut Number is covered within the above peripheral distance, the remaining whole of such Survey Number / Gut Number within same ownership shall be considered for development on payment of premium as above.

Provided further that the criteria of ―distance from gaothan‖ shall also be applicable to the lands from the nearest gaothan of any village.

Provided further that this provision shall not bar development permission for the uses, otherwise permissible, in agricultural zone as per UDCPR within specified distance from gaothan mentioned in this regulation.

Provided also that this regulation shall also be applicable to all declared / Notified Gaothan under M.L.R.C. whether shown on Regional Plan or not.

Provided further that in respect of Ratnagiri-Sindhudurg Regional Plan, this provision shall be subject to provisions mentioned in Regulation No.5.3.