GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976
(1) This Act may be called the Gujarat Town Planning and Urban Development Act, 1976.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,-
(i) "agriculture" includes-
(a) horticulture;
(b) farming;
(c) raising of crops, fruits, vegetables, grass, fodder, trees or any other kind of cultivation;
(d) breeding and keeping of live-stock, including horses, donkeys, mules, pigs, fish, poultry and bees; and
(e) the use of land for any purpose which is ancillary to its cultivation or to any other agricultural purpose,
but dose not include the use of land as a garden which is an appendage to a building and the expression "agricultural" shall be construed accordingly;
(1) The State Government may, for the purpose of securing planned development of areas within the State, declare, by notification, and in such other manner as may be prescribed, any area in the State to be a development area.
(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
(3) The State Government may, by notification, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area.
(1) The State Government may, by notification, withdraw from the operation of the relevant provisions of this Act, the whole or part of any development area declared under section 3.
(2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof-
(a) the relevant provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred, thereunder shall cease to apply to the said area or, as the case may be, part thereof;
(b) the State Government shall, after consultation with the area development authority or authorities concerned frame, a scheme determining the portion of the balance of the fund of the area development authority or authorities which shall vest in the State Government and the local
(1)As soon as may be after the declaration of a development area under section 3, the State Government shall, by notification, constitute an authority for such area to be called the area development authority of that development area for the purpose of carrying out the functions assigned to an area development authority under this Act.
(2)Every area development authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, and to contract, and by the said name sue and be sued.
(3)An area development authority shall consist of the following members, namely:-
(i)a Chairman to be appointed by the State Government; (ii) the Chief Town Planne
(1)The State Government may, instead of constituting an area development authority for a development area, designate any local authority functioning in a development area or part thereof, as the area development authority for that development area.
(2)The local authority designated under sub-section (1) as the Area Development Authority shall, for the purposes of performing the functions assigned to an area development authority under this Act, set up a Planning Committee consisting of the following members, namely:-
(i)six members of the local authority appointed by it out of whom one shall be designated as the Chairman;
(ii)the Chief Town Planner or his representative to be nominated by the State Government;
1 [(iii)one official of the State Gover
(1) 1 [The powers and functions of] an area development authority shall be-
(i) to under take the preparation of development plans under the provisions of this Act for the development area;
(ii) to under take the preparation 2 [and execution] of town planning schemes under the provisions of this Act, if so directed by the State Government;
(iii) to carry out surveys in the development area for the preparation of development plans or town planning schemes;
(iv) to control the development activities in accordance with the development plan in the development area;
3 [(iv-a) to levy and collect such scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development a
(1) The State Government shall, by an order in writing, determine the amount which a local authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in such installments as may be specified in the order, towards the expenses incurred by an area development authority in the discharge of its functions,
(2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the area development authority concerned the amount of contribution specified in the order in the manner indicated therein and if the local authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the area development authority, recover it from the local authority as arrears of land revenue and pay it to the area development authority.
(1) As soon as may be after the constitution of an area development authority for any development area under section 51[or designation of a local authority as the area development authority under sub-section (1) of section 6,] the area development authority shall, not later than three years after the declaration of such area as a development area or within such time as the State Government may, from time to time, extend, prepare and submit to the State Government a draft development plan for the whole or any part of the development area in accordance with the provisions of this Act.
(2) If a draft development plan is not prepared and submitted to the State Government by any area development authority within the period specified in sub-section (1) or within the period extended under that sub-section, an officer Appointed by the State Government in this behalf may prepare and submit
A copy of the draft development plan as prepared under section 9 in respect of any area shall be kept open for inspection by the public during office hours at the head office of the area development authority, or as the case may be, at the office of the authorised officer.
The draft development plan shall be on a scale not lower than eighty meters to a centimeter and shall show in distinguishing prescribed colours the area or sites and the uses to which they are proposed to be put.
(1) A draft development plan shall generally indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in which the development therein shall be carried out.
(2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely :-
(a) proposals for designating the use of the land for residential, industrial, commercial, agricultural and recreational purposes;
(b) proposals for the reservation of land for public purposes, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, public assembly, museums, art galleries, religious buildings, playground, st
(1) The area development authority or, as the case may be, the authorised officer shall, as soon as may be, after a draft development plan is prepared and submitted to the State Government under section 9, publish it in the Official Gazette and in such other manner as may be prescribed alongwith a notice in the prescribed manner, inviting suggestions or objections from any person with respect to the development plan within a period of two months from the date of its publication.
(2) The following particulars shall be published alongwith the-draft development plan, namely :-
(a) a statement indicating broadly the uses to which lands in the area covered by the plan are proposed to be put and any survey carried out for the preparation of the draft development plan;
(b) maps, charts and statements
If within the period specified in section 13 any person communicates in writing to the area development authority, or, as the case may be, to the authorised officer any suggestions or objections relating to the draft development plan, the said authority or officer shall consider such suggestions or objections and may modify such plan as it or he thinks fit.
When the modifications made by an area development authority or, as the case may be, by the authorised officer in the draft development plan are of an extensive or of a substantial nature, the said authority or, as the case may be, the authorised officer shall publish the modifications in the Official Gazette alongwith a notice in the prescribed manner inviting suggestions or objections from any person with respect to the proposed modifications within a period of two months from the date of publication of such notice and thereupon, the provisions of section 14 shall apply in relation to such suggestions or objections.
(1) After a draft development plan is published as aforesaid and the objections or suggestions thereto, if any, are received, the area development authority or, as the case may be, the authorised officer shall, within a period of six months from the date of publication of the draft development plan under section 13, submit to the State Government for its sanction the draft development plan and the regulations with the modifications, if any, made thereto under section 14 or section 15 :
Provided that the State Government may, on an application by the area development authority or the authorised officer, by order in writing, extend from time to time, the said period by such further period or periods as may be specified in the order, so however, that the period or periods so extended shall not, in any case, exceed twelve months in the aggregate.
(1) (a) On receipt of the draft development plan under section 16, the State Government may, by notification,-
(i) sanction the draft development plan and the regulation so received, within the prescribed period , for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or
(ii) return the draft development plan and the regulations to the area development authority or, as the case may be, to the authorised officer, for modifying the plan and the regulations in such manner as it may direct :
Provided that, where the State Government is of opinion that substantial modifications in the draft development plan and regulations are necessary, the State Government may, instead of returning
(1) If at any time after a development plan prepared for any area has been sanction, the State Government is of opinion that it is necessary to extend or reduce the limits of such area, it may, by notification, extended or reduce the limits of such area and direct the area development authority to prepare, publish and submit to the State Government for sanction within the period specified by the State Government in this behalf, a draft development plan for the extended area or, as the case may be, the proposals for the withdrawal of the plan from the reduced area after following the procedure prescribed under this Act for the preparation, publication, and sanction of a development plan.
(2) The draft development plan or the proposals for the withdrawal of a plan to be prepared under sub-section (1) may contain proposals" for modifying the development plan already sanctioned, if suc
(1) If on a proposal from an area development authority in that behalf or otherwise, the State Government is of opinion that it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as variation), it shall publish in the Official Gazette,
(a) the variation proposed in the final development plan,
(b) the amendment, if any, in the regulations, and
(c) the approximate cost, if any, involved in the acquisition of land, which by virtue of the variation would be reserved for a public purpose,
alongwith a notice, inviting a suggestions or objections from any person with respect to the variation within a period of two month from the date of publication of the variation.
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(1) The area development authority or any other authority for whose purpose land is designated in the final development plan for any purpose specified in clause (b), clause (d),1[clause (f), clause (k), clause (n) or clause (o)] of sub-section (2) of section 12, may acquire the land either by agreement or under the provisions of the Land Acquisition Act, 1894 (I of 1894).
(2) If the land referred to in sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the Land Acquisition Act, 1894 (I of 1894) are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months from the date of service of such notice the land is not acquired or no steps are commence
Atleast once in ten years from the date on which a final development plan comes into force, the area development authority shall revise the development plan after carrying out, if necessary, a fresh survey and the provisions of sections 9 to 20, shall, so far as may be, apply to such revision.
(1) Where the State Government is of opinion that the object of proper development or redevelopment of any urban area or group of urban areas in the State together with such adjacent areas as may be considered necessary, whether covered under a development area already declared as such under section 3 or not, will be best served by entrusting the work of development or redevelopment thereof to a special authority, instead of to an area development authority, the State Government may, by notification, declare such area to be an urban development area and constitute an authority for such area to be called the urban development authority of that area, and thereupon all the powers and functions of an area development authority relating to the development or redevelopment of a development area under this Act shall, in relation to such urban development area, be exercised and performed by such urban development authority1***.
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(1) 1 [The powers and functions of] an urban development authority shall be:-
(i) to undertake the preparation of development plans under the provisions of this Act, for the urban development area ;
(ii) to undertake the preparation 2 [and execution] of town planning schemes under the provisions of this Act, if so directed by the State Government;
(iii) to carry out surveys in the urban development area for the preparation of development plans or town planning schemes;
(iv) to guide, direct and assist the local authority or authorities and other statutory authorities functioning in the urban development area in matters pertaining to the planning, development and use of urban land;
(v) to control the devel
1 [23A. Entrustment of powers and functions to Government company
The State Government may, by notification, in the Official Gazette, entrust to the Government company, all or any of the powers and functions of the appropriate authority.]
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1. Section 23A was inserted by Guj 2 of 1999, section 11.
(1) The State Government shall, by an order in writing, determine the amount which a local authority or authorities functioning in the urban development area shall pay as contribution, either in one lump-sum or in such instalments as may be specified in the order, towards the expenses incurred by the urban development authority in the discharge of its functions.
(2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the urban development authority concerned the amount of contribution specified in the order in the manner indicted therein and if the local authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the urban development authority, recover it from the local authority as arrears of land revenue and pay it to the urban development authority.
The provisions of this Act with regard to the preparation, publication, sanction, variation and revision of a development plan and all other matters connected therewith or incidental thereto and the powers and duties of an area development authority relating to the development or redevelopment of a development area shall, so far as may be, apply to an urban development authority.
On or after the date on which a draft development plan is published in the Official Gazette under section 13 in respect of any development area, no person shall carry on any development in any building or in or over any land, within the limits of the said area without the permission in writing of the appropriate authority and without obtaining certificate from the appropriate authority to the effect that development charge1[and scrutiny fees] as leviable under this Act has been paid or that no such charge1[and scrutiny fees] is leviable :
Provided that no such permission shall be necessary-
(i) for the carrying out of any work for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof;
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Application of permission for development
Any person, not being the Central Government or a State Government, intending to carry out any development in any building or in or over any land within the limits of a development area on or after the date referred to in section 26, shall, except where such development is for any of the purposes specified in the proviso to that section, make an application in writing to the appropriate authority for permission for such development in such form and containing such particulars and accompanied by such documents as may be prescribed,1[and by such scrutiny fees as may be prescribed by regulations].
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1. These words were added by Guj. 3 of 1995, section 6.
(1) Any person not being the Central Government or a State Government intending to retain any use of building or work constructed or carried out on any land, or to continue any use of land made, before the date on which a final development plan in respect of any development area in which such building or land is situated comes into force, which use is not in conformity with the provisions of the regulations or the final development plan shall make an application in writing to the appropriate authority for permission to retain or continue such use, containing such particulars and accompanied by such document, as may be prescribed1[and by such scrutiny fees as may be prescribed by regulations] within six months from the date on which the final development plan in respect of such development area comes into force.
(2) On and after the date on which the said period of six months expire
(1) On receipt of an application under section 27 or section 28, the appropriate authority shall furnish the applicant with a written acknowledgment of its receipt and after satisfying itself that the development charge1[and scrutiny fees,] if any, payable by the applicant has been paid and after making such inquiry as it thinks fit may, subject to the provisions of this Act, by order in writing-
(i) grant the permission with or without any condition; or
(ii) grant the permission, subject to any general or special orders made by the State Government in this behalf; or
(iii) refuse to grant the permission.
(2) Any permission under sub-section (1) shall be granted in the prescribed form and every order granting permission subject to conditions or refu
The power to grant necessary permission for any development, or for the retention or continuance of use of land shall include the power to grant permission for the retention on land of any building or work constructed or carried out thereon before the date of publication of the draft development plan under section 13 or for the continuance of any use of land instituted before that date.
(1) Where permission for the retention or continuance or retention of use of building or work or land of the kind referred to in section 28 is refused or is granted subject to any conditions, then, if any owner of the land claims-
(a) in a case where permission for such use is refused, that the land has become incapable of reasonable beneficial use in its existing state,
(b) in a case where permission for such use is granted subject to conditions, that the land cannot be rendered capable of reasonable beneficial use by carrying out the conditions of the permissions,
he may, within the time and in the manner prescribed by regulations made by the appropriate authority, serve on the appropriate authority a notice (hereinafter referred to as a purchase notice) requiring the appropriate authorit
Every permission granted or deemed to have been granted under section 29 shall remain in force for a period of one year from the date of such grant and thereafter it shall lapse:
Provided that, the appropriate authority may, on application made to it, from time to time, extend such period by a further period or periods not exceeding one year at a time, so however, that the extended period shall in no case exceed three years in the aggregate :
Provided further that the lapse of the permission as aforesaid shall not bar any subsequent application for fresh permission under this Act.
(1) If it appears to the appropriate authority that it is necessary or expedient, having regard to the development plan that may have been prepared or may be under preparation or having regard to any variation made in the final development plan that any permission granted under section 29 should be revoked or modified, the appropriate authority may, after giving the person concerned an opportunity of being heard, by order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that where the permission relates to the carrying out of any building or other operation, in or over any land, no such order shall affect such of the operations as may have already been carried out in pursuance of the permission; and no such order shall be passed after such operations have substantially progressed or have been completed.
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(1) Every person who intends to sub-divide his plot or make or layout a private street on such plot on or after the date of the publication of the draft development plan in the Official Gazette under section 13 shall submit the intended layout plan for such purpose together with the prescribed particulars1[and with such scrutiny fees as may be prescribed by regulations] to the appropriate authority for sanction.
(2) The appropriate authority may, within the prescribed period, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the appropriate authority is of opinion that such division or laying out of street is not in any way consistent with the proposals of the development plan.
(3) No compensation shall be payable for the refusal of
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development--
(a) without the permission required under section 27; or
(b) which is not in accordance with any permission granted or is in contravention of any condition subject to which such premission has been granted;
(c) after such permission has been duly revoked; or
(d) in contravention of any modification made in such permission,
shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after convic
(1) Where any development has been carried out in any of the circumstances referred to in sub-section (1) of section 35, or any use of land or building or work is continued so as to constitute an offence punishable under sub-section (2) of that section, the appropriate authority may, subject to the provisions of this section and within three years of such development, or continuance of use so made, serve on the owner a notice requiring him, within such period, being not less than one month as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice,--
(a) to restore the land or building to its condition existing before the said development took place, in cases specified in clause (a) or clause (c) of sub-section (1) of section 35;
(b) to secure compliance with the conditions or wit
(1) Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development of a temporary nature in any of the circumstances referred to in sub-section (1) of section 35, so as to constitute an offence punishable under that section, the appropriate authority may, by order in writing, direct such person to remove any structure or work erected within fifteen days of the receipt of the order, and if thereafter, the person does not comply with the order, the appropriate authority may request the Commissioner of Police in the City of Ahmedabad and the District Magistrate elsewhere, to have such structure or work summarily removed without any notice as directed in the order, and thereupon any such structure or work shall be summarily removed without any order as aforesaid being made.
(2) The decision of the appropriate authority on the questio
Any expenses incurred by the appropriate authority under section 36 or section 37 shall be a sum due to the appropriate authority under this Act from the person in default or the owner of the land, building or land concerned.
(1) Where any Department of the Central Government or a State Government intends to carry out development of any land for any purpose of the Government or for carrying out any operational construction, it shall inform in writing the appropriate authority of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development or construction.
(2) Where the appropriate authority raises any objection to the proposed development on the ground that such development is not in conformity with the provisions either of any development plan under preparation, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the Department shall--
(i) either make nece
(1) Subject to the provision of this Act or any other law for the time being in force, the appropriate authority may make one or more town planning schemes for the development area or any part thereof, regard being had to the proposals in the final development plan, if any.
(2) A town planning scheme may be made in accordance with the provisions of this Act in respect of any land which is--
(i) in the course of development;
1 [(ii) likely to be used for residential or commercial or industrial or for building purposes; or]
(iii) already built upon.
Explanation.- For the purpose of this sub-section the expression "land likely to be used for building purposes" shall include any land likely to be used as, or
(1) Before making any town planning scheme under the provisions of this Act in respect of any area, the appropriate authority in consultation with the Chief Town Planner may, by resolution, declare its intention to make such a scheme in respect of such area.
(2) Within twenty-one days from the date of such declaration (hereinafter referred to as the declaration of intention to make a scheme), the appropriate authority shall publish it in the prescribed manner and shall despatch a copy thereof alongwith a plan showing the area which it proposes to include in the town planning scheme to the State Government.
(3) A copy of the plan despatched to the State Government under sub-section (2) shall be open to the inspection of the public during office hours at the office of the appropriate authority.
(1) Within1[nine months] from the date of the declaration of intention to make a scheme under section 41, the appropriate authority shall make a draft scheme of the area in respect of which the said declaration has been made and publish the same in the Official Gazette, alongwith the draft regulations for carrying out the provisions of the scheme:
Provided that on application by the appropriate authority in that behalf, the State Government may, from time to time, by notification, extend the aforesaid period by such period or periods, as may be specified, therein so however, that the period or periods so extended shall not in any case exceed2[three months] in the aggregate.
(2) If the draft scheme is not made and published by the appropriate authority within the period specified in sub-section (1) or within the period extended under the
(1) Notwithstanding anything contained in sections 41 and 42, the State Government may, after making such inquiry as it deems necessary, by notification, require any appropriate authority functioning within a development area to make and publish in the prescribed manner and submit for its sanction a draft scheme in respect of any area in regard to which a town planning scheme may be made.
(2) For the purposes of this Act and the rules made thereunder, the requisition under sub-section (1) by the State Government shall be deemed to be the declaration of intention to make a scheme under section 41.
The draft scheme shall contain the following particulars, namely:-
(a) the area, ownership and tenure of each original plot;
(b) the particulars of land allotted or reserved under clause (e) of sub-section (3) of section 40 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;
(c) the extent to which it is proposed to alter the boundaries of original plots;
(d) an estimate of the net cost of the scheme to be borne by the appropriate authority;
(e) a full description of all the details of the scheme under subsection (3) of section 40 as may be applicable;
(f)
(1) In the draft scheme referred to in section 44, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where the plot as already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces.
(2) For the purposes of sub-section (1), the draft scheme may contain proposals-
(a) to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary;
(b) to form a final plot from an original plot by the transfer of any adjoining lands;
(c) to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be
(1) Where there is a disputed claim to the ownership of any place of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry in the record of rights or mutation relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the appropriate authority or the Town Planning Officer at any time prior to the date on which the Town Planning Officer draws up the preliminary scheme under section 51 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in a court of competent jurisdiction.
(3) Such decision shall, in the event of a Civi
If within one month from the date of publication of a draft scheme, any person affected by such scheme communicates in writing to the appropriate authority, any objections relating to such scheme, the appropriate authority shall consider such objections and may at any time before submitting the draft scheme to the State Government as hereinafter provided modify such scheme as it thinks fit.
(1) The appropriate authority shall, within1[three months] from the date of the publication of the draft scheme in the Official Gazette, submit the draft scheme with any modifications that may have been made therein under section 47 together with the objections which may have been communicated to it, to the State Government for sanction.
(2) If the State Government sanctions such scheme, it shall in such may thinks fit, the State Government may, within2[three months] from the date of its receipt, by notification, sanction such scheme with or without modifications or subject to such conditions as it may thinks fit to impose or refuse to sanction it.
(3) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme shall be open for the inspection of the public.
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1 [48-A.Vesting of land in appropriate authority
(1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 48, (hereinafter in this section, referred to as 'the sanctioned draft scheme'), all lands required by the appropriate authority for the purposes specified in clause (c), (f), (g), or (h) of sub-section (3) of section 40 shall vest absolutely in the appropriate authority free from all encumbrances.
(2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the appropriate authority under that sub-section.
(3) The provisions of sections 68 and 69 shall mutatis mutandis apply to the sanctioned draft scheme as if,-
(i) sanctioned draft scheme were a preliminary scheme, and<
(1) (a) On or after the date on which a draft scheme is published under section 41, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the appropriate authority in prescribed form1[and on payment of such scrutiny fees as may be prescribed by regulations;]
(b) where an application for permission under clause (a) is received by the appropriate authority, it shall send to the applicant a written acknowledgment of its receipt and after making such inquiry as it deems fit and in consultation with the Town Planning Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose;
(c) if the appropriate authority does not communicate its decision to the applica
(1) Within one month from the date on which the sanction of the State Government to a draft scheme is notified in the Official Gazette, the State Government shall appoint a Town Planning Officer possessing such qualification as" may be prescribed, for the purpose of such scheme and provide him with such number of officers and staff as may be considered necessary and his duties shall be as hereinafter provided:
1 [Provided that the State Government may, on the request made by the Appropriate Authority, appoint a Town Planning Officer within one month from the date of the publication of the Draft Scheme under sub-section (1) of section 42.]
(2) The State Government may, if it thinks fit, at any time, remove, on the ground of incompetence or misconduct or any other good and sufficient reason a Town Planning Officer appointed under this sect
Within a period of twelve months from the date of his appointment, the Town Planning Officer shall, after following the prescribed procedure, sub-divide the town planning scheme into a preliminary scheme and a final scheme:
1 [Provided that the State Government may, by order in writing, extend the said period by such further period not exceeding nine months in aggregate and any such order extending the period may be made so as to have retrospective effect :
Provided further that the State Government may, by order and for reasons to be recorded in writing, extend such further period not exceeding six months.]
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1. These provisos were substituted for the original by Guj. 2 of 1999, section 17.
(1) In a preliminary scheme, the Town Planning Officer shall,-
(i) after giving notice in the prescribed manner and in the prescribed from to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for a purpose of the appropriate authority and the final plots;
(ii) after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons;
(iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of section 81;
(iv) determine the period within which the works provided in
Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii), and (x) of sub-section (3) of section 52, every decision of the Town Planning Officer shall be final and binding on all persons.
1 [54.Appeal
(1) Any decision of the Town Planning Officer under clauses (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (3) of section 52 shall forth with be communicated to the party concerned in the prescribed form and any party aggrieved by such decision may within one month from the date of communication of decision, present an appeal to the Board of Appeal constituted under section 55.
(2) (a) A Board of Appeal existing immediately before the commencement of the Gujarat Town Planning and Urban Development (Amendment) Act, 1999 shall continue to hear and decide appeal until the date on which the Board of Appeal is constituted (hereinafter referred to as "the said date"), by the State Government under section 55, and
(b) all appeals pending on the said date before any Board of Appe
1 [(1) (a) The State Government shall, from time to time by an order published in the Official Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 54.
(b) The Board of Appeal shall consist of three Members, one of whom shall be its President and two persons, possessing such qualifications and experience as may be prescribed, as assessor.
(c) The President shall be a person who is or has been a District Judge or a Judge of the City Civil Court,Ahmedabad.
(d) The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed.]
(2) The Board of Appeal constituted under sub-section (1) shall stand dissolved as soon as a copy of its decision in appeal is sent to t
(1) The Town Planning Officer shall be present at the proceedings before the Board of Appeal.
(2) The Town Planning Officer shall not be required to give evidence in such proceedings but the President may require him to assist the Board in an advisory capacity.
(3) When the Town Planning Officer is required under sub-section (2) to assist the Board of Appeal, he shall, save, where he is a salaried officer of Government, be entitled to such fees as the State Government may from time to time determine.
The Board of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Board.
All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the two assessors or by a majority of them.
(1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Town Planning Officer to reconsider its proposals, or accept, modify, vary or reject the proposals of the Town Planning Officer.
(2) Every decision of the Board of Appeal shall be final and binding on all persons.
Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a court.
(1) The assessors shall, save where they are salaried Government Officers, be entitled to such remuneration either by way of monthly salary or by way of fees or partly by way of salary and partly by way of fees, as the State Government may, from time to time, determine.
(2) The salary of the President of the Board of Appeal or an Assessor who is a salaried Government Officer and any remuneration payable under sub-section (1) and the fees payable to a Town Planning Officer under sub-section (3) of section 56 and all expenses incidental to the working of the Board of Appeal shall, unless the State government otherwise determines, be defrayed out of the funds of the appropriate authority and shall be added to the costs of the scheme.
(1) Where no appeal has been presented under section 54, in respect of a matter arising out of clause (iii), clause (iv), clause (vi), clause (vii), clause (viii) or clause (x) of sub-section (3) of section 52, the decision of the Town Planning Officer shall be final and binding on the parties.
(2) the Board of Appeal shall send a copy of its decision in appeal to the Town Planning Officer who shall, if necessary, make any variation in the scheme in accordance with such decision and shall forward the final scheme together with a copy of his decision under section 53 and a copy of the decision of the Board of Appeal in appeal to the State Government for the sanction of the final scheme.
(1) After a Town Planning Officer has been appointed under section 50, the appropriate authority may apply to him to split up the draft scheme into different sections and to deal with each section separately as if such section were a separate draft scheme.
(2) On receipt of an application under sub-section (1), the Town Planning Officer may, after making such inquiry as he thinks fit, split up the draft scheme into sections.
(3) The provisions of this Act and the rules made thereunder shall, so far as may be, apply to each of such sections as it were a separate draft scheme.
The Town Planning Officer shall submit to the State Government for sanction the preliminary scheme also before the final scheme is submitted to the State Government under sub-section (2) of section 52, together with a copy of his decision under section 53.
(1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may-
(a) in the case of preliminary scheme, within a period of two months from the date of its receipt, and
(b) in the case of a final scheme, within a period of three months from the date of its receipt,
by notification, sanction the preliminary scheme or the final scheme or refuse to give sanction, provided that in sanctioning any such scheme, the State Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.
(2) Where the State Government sanctions the preliminary scheme or the final scheme, it shall state in the notification-
(1) If at any time before the preliminary scheme is forwarded by the Town Planning Officer to the State Government, a representation is made to the Town Planning Officer by the appropriate authority and a majority of the owners in the area, that the scheme should be withdrawn, the Town Planning Officer shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
(2) The State Government, after making such inquiry as it may deem fit, may, if it is of opinion that it is necessary or expendient so to do, by notification, direct that the scheme shall be withdrawn and upon such withdrawal no further proceeding shall be taken in regard to such scheme.
On the day on which the preliminary scheme comes into force-
(a) all lands required by the appropriate authority shall, unless it is otherwise determined in such scheme, vest absolutely in the appropriate authority free from all encumbrances;
(b) all rights in the original plots which have been re-constituted into final plots shall determine and the final plots shall become subject to the rights settled by the Town Planning Officer.
On and after the date on which a preliminary scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the preliminary scheme shall, in accordance with the prescribed procedure, be summarily evicted by the appropriate authority.
(1) On and after the date on which the preliminary scheme comes into force, the appropriate authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme,
(a) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
(b) execute any work which it is the duty or any person to execute under the scheme in any case where it appears to the appropriate authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
(2) any expenses incurred by the appropriate authority under this section shall be recovered from the person in default or from the o
(1) If after the preliminary scheme or the final scheme has come into force, the appropriate authority considers that the scheme is defective on account of an error, irregularity or informality, the appropriate authority may apply in writing to the State Government for the variation of the scheme.
(2) If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall publish a draft of such variation in the prescribed manner.
(3) The draft variation published under sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the clauses (a) to (h) of sub-section (3) of section 40, the draft variation shall also contain such other particulars as may be prescribed.
1 [70A.Variation of Town Planning Scheme for land allotted for public purpose
If at any time after the final town planning scheme comes into force, the appropriate authority is of the opinion that the purpose for which any land is allotted in such scheme under any of the paragraphs (ii) and (iii) of sub-clause (a) of clause(jj) of sub-section (3) of section 40 requires to be changed to any other purpose specified in any of the said paragraphs, the appropriate authority may make such change after following the procedure relating to amendment of regulations, specified in section 72 as if such change were an amendment of regulations.]
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1. Section 70A was Inserted byGuj. 2 of 1999, section 20.
Notwithstanding anything contained in section 70, a town planning scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provisions of this Act.
(a) If at any time after the final town planning scheme comes into force, the appropriate authority is of the opinion that the regulations relating to a town planning scheme require to be amended, it may publish the requisite draft amendment in the prescribed manner and invite suggestions or objections thereto from any person ;
(b) if within one month from the date of publication of the draft amendment, any person communicates in writing to the appropriate authority any suggestions or objections relating to such amendment, the appropriate authority shall consider such suggestions or objection and may, at any time before submitting , the draft amendment to the. State Government as hereinafter provided, modify such amendment as it thinks fit;
(c) the appropriate authority shall within a period of two months from the date of its publicati
If at any time after the date on which the scheme has come into force, such scheme is varied, any person who has incurred any expenditure for the purpose of complying with such scheme shall be entitled to be compensated by the appropriate authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme.
In the event of a town planning scheme being withdrawn or sanction to a preliminary scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the appropriate authority or be paid to the appropriate authority by the owners concerned in such proportion as the State Government may in each cash determine.
Every party to any proceedings before the Town Planning Officer the Board of Appeal shall be entitled to appear either in person or by his recognised agent.
For the purposes of this Act, an officer appointed under sub-section (1) of section 46 or the Town Planning Officer or the Board of Appeal shall have the same powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents.
(1) The costs of a town planning scheme shall include-
(a) all sums payable by the appropriate authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme;
(b) all sums spent or estimated to be spent by the appropriate authority in the making and execution of the scheme :
1 [Provided that the estimates shall be with reference to the period during which the preliminary scheme is to be implemented after it is sanctioned under section 65];
(c) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme;
&n
For the purpose of this Act, the increments shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme the market value of the plot included in the final scheme estimated on the assumption that the scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the scheme :
Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
(1) The costs of the scheme shall be met wholly or in part by a contribution to be levied by the appropriate authority on each plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Town Planning Officer :
Provided that-
(i) (a) where the cost of the scheme does not exceed half the increment, the cost shall be met wholly by a contribution, and
(b) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the appropriate authority;
(ii) where a plot is subject to a mortgage with possession or to a lease, the Town Planning Officer shall determine in what proportion the mortgagee or lessee on
The amount by which the total value of the plots included in the final scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from, or, as the case may be, added to, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme or the date or the notification issued by the State Government under sub-section (1) of section 43 and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.
The owner of any property or right which is injuriously affected by the making of a town planning scheme shall, if he makes a claim before the Town Planning Officer within the prescribed time, be entitled to be compensated in respect thereof by the appropriate authority or by any person benefitted or partly by the appropriate authority and partly by such person as the Town Planning Officer may in each case determine :
Provided that the value of such property or rights shall be deemed to be its market value at the date of the declaration of intention to make a scheme or the date of the notification issued by the State Government under sub-section (1) of section 43 without reference to improvements contemplated in the scheme, as the case may be.
(1) No compensation shall be payable in respect of any property or private right which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme, if under any other law for the time being in force applicable to the area for which such scheme is made no compensation is payable for such injurious affection.
(2) Any property or private right shall not be deemed to be injuriously affected by reason of any provision inserted in a town planning scheme which imposes any conditions and restrictions in regard to any of the matters specified in clause (k) of sub-section (3) of section 40.
If the owner of an original plot is not provided with a plot in the preliminary scheme or if the contribution to be levied from him under section 79 is less than the total amount to be deducted therefrom under any of the provision of this Act, the net amount of his loss shall be payable to him by the appropriate authority in case or in such other manner as may be agreed upon by the parties.
(1) If from any cause the total amount which would be due to the appropriate authority under the provisions of this Act from the owner of a plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Town Planning Officer shall at the request of the appropriate authority direct the owner of such plot to make payment to the appropriate authority of the amount of such excess.
(2) If such owner fails to make such payment within the prescribed period, the Town Planning Officer shall, if the appropriate authority so requests, acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the appropriate authority of the value of such plot estimated at its market value at the date of the declaration of intention to make a scheme
All payments due to be made to any person by the appropriate authority under this Act shall, as far as possible, be made by adjustment in such account with the appropriate authority in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner as may be agreed upon by the parties.
(1) The net amount payable under the provisions of this Act by the owner of a plot included in the final scheme may at the option of the contributor be paid in lump-sum or in annual installments not exceeding ten.
1[(2) If the owner elects to pay the amount by installment, interest at such rate as is arrived at by adding two percent to the bank rate published under section 49 of the Reserve Bank of India Act, 1934, from time to time, shall be charged per annum on the net amount payable.]
(3) If the owner of a plot fails to exercise the option on or before the date specified in a notice issued to him in that behalf by the appropriate authority, he shall be deemed to have exercised the option of paying contribution in installments and the interest on the contribution shall be calculated from the date specified in the notice, being the date
(1) The appropriate authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planning scheme, subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the town planning scheme comes into force.
(2) Such agreement shall not in any way affect the duties of the Town Planning Officer as described in Chapter V or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Town Planning Officer:
Provided that if the agreement is modified by the State Government, either party shall have the option of avoiding it, if it so elects.
(1) Any sum due to the appropriate authority under this Act or any regulation made thereunder shall be a first charge on the plot on which it is due, subject to the prior payment of land revenue, if any, due to the State Government thereon.
(2) Any sum due to the appropriate authority under this Act or any regulation made thereunder which is not paid on demand on the day on which it becomes due or on the day fixed by the appropriate authority shall be recoverable by the appropriate authority by distress and sale of the goods and chattel of the defaulter as if the amount thereof were a property tax due by the said defaulter.
(3) In lieu of the recovery of the dues of the appropriate authority in the manner provided in sub-section (2), any sum due or the balance of any sum due, as the case may be, by such defaulter may be recovered from hi
(1) An appropriate authority may for the purpose of a development plan or for the making or execution of a town planning scheme borrow moneys and if the appropriate authority is a local authority the money shall be borrowed in accordance with the provisions of the Act under which the local authority is constituted or if such Act does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914 (9 of 1914), or as the case may be, the Saurashtra Local Authorities Loans Act, 1951 (Sau. XVIII of 1951).
(2) Any expenses incurred by an appropriate authority or the State Government under this Act in connection with a development plan or a town planning scheme may be defrayed out of the funds of the appropriate authority.
(1) An appropriate authority shall have and maintain its own fund to which shall be credited-
(a) all moneys received by the authority by way of grants, loans,1[advances, fees, development charges or otherwise;]
(b) all moneys derived from its undertakings, projections and other sources;
(c) such amount of contributions from local authorities as the State government may specify from time to time to be credited to the fund of the authority.
(2) The fund of an appropriate authority shall be applied towards meeting-
(a) expenditure incurred in the administration of this Act;
(b) cost of acquisition of land for the purposes of this Act;
&
An appropriate authority may, from time to time, borrow at such rate of interest and for such period and upon such terms, as the State Government may approve, any sum of money necessary for the purpose of--
(a) meeting expenditure debitable to the capital amount;
(b) repaying any loan previously taken under this Act.
All payments due from an appropriate authority for interest on, or for the repayment of, loans shall be made in priority to all other payments due from the said authority.
An appropriate authority shall prepare in such form, and at such time, every year, as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the authority and shall forward to the State Government such number of copies thereof, as may be prescribed.
(1) An appropriate authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the State Government may prescribe.
(2) The accounts of an appropriate authority shall be subject to audit annually by the Accountant General of the State and any expenditure incurred by him in connection with such audit shall be payable by the authority to the Accountant General.
(3) The Accountant General or any person appointed by him in connection with the audit of accounts of an appropriate authority shall have the same rights, privileges and authority in connection with such audit as the Accountant General has in connection with Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other
An appropriate authority shall prepare for every year, a report of its activities during the year and submit the report to the State Government in such form and on or before such date as may be prescribed.
(1) An appropriate authority shall constitute, for the benefit of its salaried wholetime members and of its officers and other employees in such manner and subject to such conditions as may be prescribed, such pension and provident funds as it may deem fit.
(2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.
Whoever does any work in contravention of clause (a), or any condition imposed under clause (b), of sub-section (1) of section 49 shall, on conviction, be punished with fine which may extend to five thousand rupees and the court shall, in such order of conviction, direct that if such contravention continues after the date of the order of conviction, a fine not exceeding one hundred rupees per day for the period during which the contravention continues shall be recovered from the person so convicted:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than five hundred rupees and in the case of a continuing contravention, the fine shall not be less than fifty rupees, per day.
Subject to the provisions of this Act and the rules made thereunder, an appropriate authority may, with the previous sanction of the State Government, by notification, levy a development charge on lands and buildings within the development area at such rate, not exceeding the maximum rates specified in section 100, as it may determine:
Provided that different rates of development charges may be specified for different parts of the development area and for different uses.
(1) (a) The development charges on lands and buildings leviable under section 99 shall be assessed with reference to their use for different purposes such as :-
(i) Industrial;
(ii) Commercial;
(iii) Residential; and
(iv) Miscellaneous.
(b) In classifying the lands or buildings under any of the purposes mentioned in clause (a), the predominant purpose for which such lands and buildings are used shall be the main basis.
(2) The rates of development charges shall be determined-
(a) in the case of land, at a rate to be specified per hectare, and
(b) in the case of a building,
(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, and any person who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use shall apply to the appropriate authority, within such time and in such manner as may be prescribed, for the assessment of development charges payable in respect thereof.
(2) On an application being made under sub-section (1), or if no such application is made, after serving a notice in writing on the person liable to such payment, the appropriate authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from the officer concerned of the authority, determine whe
(1) The State Government may constitute as many Tribunals and for such areas as it may consider necessary for hearing appeals against the orders of an appropriate authority relating to the levy or assessment of development charges under this Chapter, and no civil court shall have jurisdiction to decide such disputes.
(2) The Tribunal shall consist of one person only who shall be a Judicial Officer not below the rank of a Civil Judge (Junior Division).
(3) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of the hearing of an appeal.
(1) Any person aggrieved by an order passed by an appropriate authority under section 101 may, within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal :
Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(2) The appeal shall be made and verified in the prescribed manner and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.
(3) In disposing of an appeal, the Tribunal may, after giving the appellant an opportunity of making his representation and also hearing the appropriate authority whose orde
It shall be lawful for the State Government, if it considers it necessary to do so, to appoint any employee of the State Government to any office or post under an appropriate authority and upon such terms and conditions as the State Government may fix.
No suit, prosecution or other legal proceeding shall lie against the State Government, the appropriate authority or any public servant or person duly appointed or authorised under this Act, in respect of anythings in good faith done or purporting to be done under the provisions of this Act or any rules or regulations made thereunder.
(1) Nothing in the Registration Act, 1908 (16 of 1908) shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a scheme which has come into force.
(2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Registration Act, 1908 (16 of 1908) be deemed to have been registered in accordance with the provisions of that Act :
Provided that documents, plans and maps relating to the sanctioned scheme shall be accessable to the public in the manner prescribed.
Land needed for the purposes of a town planning scheme or development plan shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).
Where any appropriate authority ceases to exist or ceases to have jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such appropriate authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other appropriate authority or authorities as the State Government may, with the consent of such authority or authorities, by notification, direct; and such appropriate authority or each one of such appropriate authorities shall have all the power under this Act in respect of such plans, schemes or such part of a plan or scheme as comes within its jurisdiction which the appropriate authority ceasing to exit or ceasing to have jurisdication had.
(1) If in the opinion of the State Government any appropriate authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it under any of the provisions of this Act, the State Government or a person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.
(2) Any expenses incurred by the State Government or by such person or persons in exercising such power or performing such duty shall be paid out of the fund of the appropriate authority and the State Government may make an order directing any person who for the time being has custody of any such funds to pay such expenses from such fund and such person shall be bound to comply with such order.
Where a local authority designated as an area development authority under this Act is dissolved or superseded under any of the provisions of the Act under which it was constituted,
(a) the person appointed under such Act to exercise the powers and perform the functions of the local authority shall be demand to be the development authority under this Act, and he may exercise all the powers and perform all the duties of an area development authority under this Act during the period of his appointment;
(b) in the event of the person appointed as aforesaid exercising the powers and performing the duties of an area development authority under this Act, any properties which, under the provisions of this Act, vest in the local authority as an area development authority shall, during the period of the dissolution or supersession of the local aut
(1) The Chief Town Planner or any officer authorised by him, any officer of an appropriate authority, the Town Planning Officer or any person authorised by the State Government, an appropriate authority, or the Town Planning Officer, may for the purpose of preparation of a plan or scheme under this Act, enter into or upon any land or building with or without assistance or workmen for-
(a) taking any measurement or survey or taking levels of such land or building ;
(b) setting out and marking boundaries and intended line of development;
(c) marking such levels, boundaries and lines by placing marks and cutting trenches;
(d) examining works under construction and ascertaining the course of sewers and drains;
&nbs
(1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or rule or regulation, be deemed to be duly served,-
(a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department, General Manager of the railway, secretary or principal officer of the local authority, statutory authority, company, corporation, society or other body at its principal or branch office, or the local or registered office, "as the case may be, and is either-
(i) sent by registered post to such office, or
(ii) delivered at such office;<
Every public notice given under this Act or rules or regulations made thereunder shall be in writing and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality and by advertisement in one or more local newspapers.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
(1) If the person committing an offence under this Act is a company every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance,
Every member and every officer and other employees of the appropriate authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Notwithstanding anything contained in any other law for the time being in force-
1 * * * * * *
(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.
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1. Clause (a) was deleted byGuj. 2 of 1999, section 21.
(1) The State Government may, by notification, and subject to previous publication, make rules consistent with the provisions of this Act to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely :-
(i) the manner of declaration of a development area under sub-section (1) of section 3;
(ii) the term of office and conditions of service of the members of an area development authority under sub-section (5) of section 5;
(iii) the manner in which the draft development plan is to be prepared and submitted to the State Government by the authorised officer under sub-section (2) of section 9;
&nbs
(1) An appropriate authority may, with the previous approval of the State Government make regulations consistent with this act and the rules made hereunder, to carry out the purposes of the development plan and of the town planning scheme and for regulating its procedure and conduct of business.
(2) In particular, and without prejudice to the generality of the foregoing power such authority may make-
(a) regulations subject to which it shall exercise its powers and perform its functions under this Act ;
(b) regulations providing for the delegation of its powers and functions to its Chairman. Vice-Chairman, member-secretary or any of its officers ;
(c) regulations for regulating its procedure and the conduct of its business at its meeting ;
(1) Where the State Government is satisfied that the purpose for which any appropriate authority was established under this Act has been substantially achieved so as to render the continued existence of the authority in the opinion of the State Government unnecessary, the State Government may, by notification, declare that such authority shall be dissolved with effect from such date as may be specified in the notification and such authority shall be deemed to be dissolved accordingly.
(2) With effect on and from the date specified in the notification under sub-section (1)-
(a) all properties, funds and dues which are vested, or realisable by the appropriate authority shall vest in, or be realisable by, the State Government;
(b) all liabilities which are enforceable against such authority shall
[Provision of Tenancy Acts not to apply to areas under town planning schemes.] Deleted by Guj. 4 of 1986, s.5.
The Gujarat Town Planning and Urban Development Act, 1976, was enacted to regulate urban development and planning in the state of Gujarat. Section 121 of this Act specifically addressed the relationship between the provisions of the Tenancy Act and areas under town planning schemes. However, this section was later deleted, which has significant implications for land use and ownership disputes in urban areas.
Section 121 originally stated that the provisions of the Tenancy Acts would not apply to areas under town planning schemes. This meant that land designated for urban development could be treated differently from agricultural land under tenancy laws.
The scope of Section 121 was limited to urban areas that fell under the jurisdiction of town planning schemes. Its deletion has led to the reapplication of the Tenancy Act in these areas, affecting land ownership and tenancy rights.
While Section 121 itself did not prescribe specific punishments, its deletion has implications for the enforcement of tenancy rights and the validity of land transactions in urban areas.
Applicability - The deletion of Section 121 established that the Tenancy Act applies to disputed lands, impacting ownership claims and tenancy rights. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Cultivation Evidence - Courts have upheld tenancy rights based on evidence of cultivation, emphasizing the importance of agricultural use in determining land status. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Legal Infirmity - The absence of legal infirmity in tenancy orders has been a key factor in court decisions, reinforcing the validity of such orders post-deletion of Section 121. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Retrospective Effect - The deletion of Section 121 was given retrospective effect, impacting transactions that occurred after June 12, 1985. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Tenancy Act Supremacy - The Tenancy Act's provisions now govern land transactions in areas previously exempted under Section 121, leading to stricter regulations for non-agriculturists. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Ownership Disputes - The interplay between the Town Planning Act and the Tenancy Act has led to complex ownership disputes, particularly for non-agriculturists. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Court Findings - Courts have consistently found that the deletion of Section 121 allows for the application of the Tenancy Act, thus affecting the validity of sales to non-agriculturists. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Agricultural Land Definition - The classification of land as agricultural has significant implications for tenancy rights and the applicability of the Tenancy Act. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
State Functionaries' Role - The actions of state functionaries in land transactions have been scrutinized, particularly regarding their adherence to the provisions of the Tenancy Act. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Legal Precedents - Previous court decisions have established a precedent for interpreting the relationship between the Town Planning Act and the Tenancy Act, particularly post-deletion of Section 121. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Impact on Non-Agriculturists - Non-agriculturists face challenges in land transactions due to the reapplication of the Tenancy Act following the deletion of Section 121. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Zoning Certificates - The use of zoning certificates has been highlighted as evidence in disputes regarding land classification under town planning schemes. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Legislative Intent - The legislative intent behind the deletion of Section 121 was to ensure that the Tenancy Act applies uniformly across all land classifications, including urban areas. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Future Implications - The implications of this deletion continue to unfold in ongoing legal disputes regarding land use and ownership in urban settings. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Judicial Scrutiny - Courts have shown a willingness to scrutinize the actions of authorities in land transactions, particularly in light of the changes brought about by the deletion of Section 121. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Public Interest - The deletion of Section 121 aligns with public interest considerations, ensuring that land use is regulated in accordance with urban planning needs. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Administrative Challenges - The transition from the provisions of Section 121 to the Tenancy Act has posed administrative challenges for local authorities managing land use. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
Legal Clarity - The removal of ambiguity regarding the applicability of the Tenancy Act in urban areas has provided greater legal clarity for landowners and tenants alike. - [ "Ratanlal Maganlal Doodhwala VS Mamlatdar and ALT"]
Policy Implications - The implications of this legal change extend to broader urban development policies and the management of agricultural land within urban boundaries. - [ "PADMABEN CHANDULAL VS ASSISTANT COLLECTOR,choryasi PRANT,surat"]
(1) Every appropriate authority shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of this Act. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any appropriate authority under this Act any dispute arises between the authority and the State Government, the decision of the State Government on such disputes shall be final.
Notwithstanding anything contained in this Act, no development plan or town planning scheme shall be made for any area for which a housing scheme has been sanctioned under the provisions of the Gujarat Housing Board Act, 1961 (Guj. XXVIII of 1961).
(1) The Bombay Town Planning Act, 1954 (Bom. XXVII of 1955), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any declaration of intention to make a development plan of town planning scheme, any draft development plan or draft town planning scheme published by a local authority, any application made to the State Government for the sanction of any draft development plan or draft town planning scheme, any sanction given by the State Government to the draft development plan or draft town planning scheme or any part thereof any restriction imposed on any person against carrying out any development work in any building or in or over any land or upon an owner of land or building against the erection or re-erection of any building or work, any commencement certificate granted, any order or suspension of rule, bye law, regulation, notificati
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