Pre. (Gujarat Act No. 26 of 2011)

[Dated 12.10.2011.]

(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 12th October, 2011).

An Act to regularise the unauthorised development in development areas in the State and for matters connected therewith or incidental thereto.

Whereas There Has Been Unauthorised Developments In The city of Ahmedabad and development areas in the State, on a large scale;

And Whereas such unauthorised developments are liable to be removed and pulled down;

And Whereas by removal and pulling down of such unauthorised developments, hardship to a large number of people is likely to be caused;

Now, Therefore, it is expedient to have a law to provide for regularisation of certain unauthorised developments.

It is hereby enacted in the Sixty-second Year of the Republic of Ind

S.1 Short title, extent and commencement.

(1) This Act may be called the Gujarat Regularisation of Unauthorised Development Act, 2011.

(2) It extends to whole of the State of Gujarat.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Definitions.

(1) In this Act, unless the context otherwise requires, -

(a) "applicant" means an occupier or owner intending to make an application for regularisation of unauthorised development under section 5;

(b) "Bombay Act" means the Gujarat Provincial Municipal Corporations Act, 1949;

(c) "built-up area" means the area covered by a building on all floors including cantilevered or projection portion;

(d) "Commissioner" shall have the meaning assigned to it in clause (9) of section 2 of the Bombay Act;

(e) "designated authority" means the Commissioner or any other authority or person appointed as the designated authority under section 3;

(f) "development" shall have the meaning assigned to it in clause (viii) of section 2 of the Gujarat Act;

(g) "Gujarat Act" means the Gujarat Town Planning and Urban Development Act,1976;

S.3 Designated Authority.

(1) The State Government may appoint, by notification in the Official Gazette, the Commissioner as the Designated Authority for the area as specified in such notification.

(2) The State Government may also appoint, by notification in the Official Gazette, any other authority or person as the Designated Authority as it deems fit for the area specified in such notification.

S.4 Public awareness.

The designated authority, as soon as may be, after the appointed date under sub-section (3) of section 1 shall cause the substance of the Act to be published for the information of the public in such manner as may be prescribed.

S.5 Notice and application for unauthorised development.

(1) At any time prior to the 28th March, 2011 a notice issued to an owner or occupier or any order issued or decision taken under the relevant law requiring such owner or occupier to remove or pull down or alter unauthorised development carried out shall be deemed to have stood suspended unless and until such notice, order or decision stands revived under sub-section (2) of section 6 :

Provided that such provision shall not be applicable in case of development carried on land in respect of matters provided in subsection (1) of section 8.

(2) Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law, directing removal, pulling down or alteration of unauthorised development, or discontinuance of any use of land or building, the designated authority shall either suo moto or otherwise, within six months from the commencement of this Act, or within such period as m

S.6 Grant or refusal to regularise unauthorised development.

(1) On receipt of the reply to the notice or the application made by the applicant under section 5, the designated authority shall, within a period of eighteen months or such period as may be extended by the State Government by an order in writing, scrutinize the same and after making such inquiry as it may deem fit, is of the opinion that the unauthorised development can be regularised, shall pass an order requiring the applicant to pay fees, [***] payable under this Act for regularisation of unauthorised development.

(2) The applicant shall pay the fees as required under sub-section (1) within a period of one month from the date of the order, failing which the notice or order or decision as referred to in sub-section (1) of section 5, shall stand revived and in a case where no notice under the relevant law has been given as provided in sub-section (1) of section 5, the application shall stand refused.

(3) On payment of fe

S.7 Fees for regularisation.

The State Government shall prescribe, by notification in the Official Gazette, the fees payable under this Act and mode of calculation thereof for regularisation of any unauthorised development in respect of the matters specified in sub-section (1) of section 10.

S.8 Cricumstances in which unauthorised development shall not be regularised.

(1) An unauthorised development shall not be regularised in a case where unauthorised development is carried out on any of the following lands, namely:-

(a) land belonging to Government, local authority or statutory body;

(b) land acquired or allotted by the Government, local authority or statutory body for a specific purpose;

[Provided that notwithstanding anything contained in clauses (a) and (b), in case where land acquired by Government or belonging to Government, local authority or statutory body is allotted to any person at the rate as decided by the Government or is given on lease for a period of thirty years or more, the designated authority may regularise the unauthorised development on such land subject to the other provisions of the Act;]

(c) land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a public road;

S.9 Regularisation of lands for which sanction of Collector is not taken.

Notwithstanding anything contained in section 84C of the Gujarat Tenancy and Agricultural Lands Act, 1948 and in section 122 of the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, the lands for which the previous sanction of the Collector under sections 43 and 57 respectively of the said Acts was required but has not been taken and unauthorised development has been carried out on such lands then so far as the regularisation of the transaction of such land is concerned, the same shall be regularised in accordance with the scheme that may be framed by the State Government in the Revenue Department.

S.10 Circumstances in which unauthorised development may be regularised.

(1) The designated authority may regularise any unauthorised development in respect of the following matters, namely:-

(i) Ground Coverage,

(ii) Built up area,

(iii) Height of building,

(iv) Change of use,

(v) Common plot, and

(vi) Parking, subject to the condition that the occupier or owner shall provide parking as per GDCR in unauthorised development and where it is not so feasible, in a place owned or occupied by himself or more than one applicant, within such distance not exceeding five hundred meters from the unauthorised development as directed by the designated authority within a period of six months from such direction. However, in the event of non-compliance of the aforesaid directions for any reason, the Designated Authority shall refer matter to the Committee as may be constituted by the State Government by rules and such comm

S.11 Consequences of regularisation.

(1) On regularisation of such unauthorised development under section 6, all court cases or other proceedings, filed by the appropriate authority or the occupant or the owner or otherwise and pending in any court in so far as they relate to such unauthorised development, shall stand abated.

(2) Any decision under this Act shall not deemed to have decided the ownership of the unauthorised development.

S.12 Appeal.

(1) Any person aggrieved by the order or decision of the designated authority under section 6 may within sixty days from the date of the receipt of the order prefer an appeal to an Appellate Officer, who shall be a person who has held the office of a Judge of District Court for a period not less than three years or a Secretary to the Government of Gujarat, and appointed in this behalf by the State Government.

(2) The State Government may appoint as many Appellate Officers as it may deem fit for different areas or part thereof :

Provided that, the Appellate Officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) On receipt of an appeal under sub-section (1) along with a fee of rupees one hundred, the appellate officer may, after giving the appellant an opportunity of bei

S.13 Constitution of Infrastructure Development Fund.

Subject to the rules made under this Act, all amounts received under this Act shall be credited to a fund which shall be called the "Infrastructure Development Fund" which shall be held by the Designated Authority in trust for the purposes of augmentation, improvement or creation of an infrastructure facility.

S.14 Protection of action taken in good faith.

(1) No suit, prosecution or other legal proceedings shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

(2) No suit or other legal proceedings shall lie against the State Government or any officer or authority for any damage caused or likely to the caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

S.15 Removal of doubt.

For the removal of doubt, it is hereby declared that regularisation of unauthorised development under this Act shall be without prejudice to any civil or the criminal liability to which an applicant may be subject to under any law for the time being in force.

S.16 Power of State Government to give directions.

(1) The State Government may issue, from time to time, direction to the designated authority as it may deem fit for giving effect to the provisions of this Act and it shall be the duty of the designated authority to comply with such directions.

(2) If any dispute arises with respect to the exercise of powers and discharge of functions by the designated authority under this Act, the same shall be referred to the State Government and the decision of the State Government thereon shall be final.

(3) Notwithstanding anything contained in the Bombay Act or the Gujarat Act, the State Government may from time to time issue such directions as it may deem fit, to the Commissioner or the appropriat authority with a view to prevent the unauthorised development.

S.17 Power to make rules.

(1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act:

Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely :-

(i) the manner of publication of the substance of the Act for public awareness under section 4;

(ii) the form of notice to be served on the owner or occupier and the form of application to regularise unauthorised development and manner thereof under sub-section (2) of section 5;

(iii) the manner for giving reply in r

S.18 Act to have overriding effect.

The provisions of this Act shall have overriding effect notwithstanding anything contained in any other law for the time being in force, in so far as the regularisation of unauthorised development is concerned.

S.19 Repeal and savings.

(1) The Gujarat Regularisation of Unauthorised Development Act, 2001 (Gujarat 23 of 2001) is hereby repealed.

(2) Notwithstanding such repeal, all notices and directions issued under the repealed Act shall be deemed to have been issued under the provisions of this Act and all proceedings pending before the designated authority including appeals pending before the Appellate Officer shall be decided in accordance with the provisions of this Act.