part has come into operation, a Planning Authority may and shall at any time when so directed by the State Government, revise the Development Plan either wholly, or the parts separately after carrying out, if necessary, a fresh survey and preparing an existing land-use map of the area within its jurisdiction, and the provisions of sections 22, 23, 24, 25, 26, 27, 28, 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan. It is contended that in respect of proceedings under Section 38 of the Act of 1966, provisions of Sections 22 to 31, except Section 29 would apply and the applicability of Section 21 has been specifically excluded. It is contended that prior to amendment, by virtue of Maharashtra Act No.6 of 1976, Section 21 was made applicable to the proceedings under Section 38 of the MRTP Act. However, since amendment to the provisions of the Act incorporated by virtue of Amending Act of 1976, Section 17(3) of the Act, directs deletion of figure “21” from the provisions of Section 38 of the MRTP Act. It is, thus, contended that even in spite of lapse on the part of Planning Authority to finalise the draft development plan within the stipulated period, the consequences enumerated in Section 21(4A) shall not ensue and since by virtue of inapplicability of Section 21 of the MRTP Act, prescription of limitation under Section 26 for finalisation of the draft development plan within a period of two years and the extended period of one year shall have to be considered as directory.
