LexThe Gujarat Regularisation of Unauthorised Development Act, 2022.
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Extra No. 1
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXIV ] TUESDAY, JANUARY 3, 2023 / PAUSHA 13, 1944
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the
Governor on the 2nd January, 2023 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 1 OF 2023.
(First published, after having received the assent of the Governor, in the "Gujarat
Government Gazette", on the 3rd January, 2023).
AN ACT
to regularise the unauthorised development in the Municipal Corporation areas, Nagarpalika
areas and development areas in the State and for matters connected therewith or incidental
thereto.
WHEREAS there have been large scale unauthorised development in the Municipal
Corporation areas, Nagarpalika areas and development areas in the State;
AND WHEREAS such unauthorised development has been put up without
obtaining building use permission;
AND WHEREAS such unauthorised development is liab le to be removed and
pulled down;
1-2 GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 [ PART IV
AND WHEREAS citizens have not earlier regularised their unauthorised
development due to economical constrains and other reasons;
AND WHEREAS by removal and pulling down of such unauthorised development,
hardship to a large number of people more particularly common men who have invested their
hard earned saving 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 Seventy-third Year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat Regularisation of Unauthorised Development
Act, 2022.
(2) It extends to whole of the State of Gujarat.
(3) It shall be deemed to have come into force on the 17th October, 2022.
2. (1) In this Act, unless the context otherwise requires, —
(a) “applicant” means an occupier or owner who makes an application for
regularisation of unauthorised development under section 5;
(b) “Designated Auth ority” means the Municipal Commissioner or the Chief
Executive Officer of the Development Authority or the Chief Officer of the
Municipality or any other authority or person appointed as the Designated
Authority.
(c) "Gujarat Act" means the Gujarat Town P lanning and Urban Development Act,
1976;
(d) “CGDCR” means the Comprehensive General Development Control
Regulations made under clause (m) of sub -section (2) of section 12 and clause
(c) of sub-section (2) of section 13 of the Gujarat Act;
(e) “land” means the land as defined in clause (xiii) of section 2 of the Gujarat Act;
(f) “occupier” means,—
(i) any person who for the time being is paying or is liable to pay to the
owner the rent of the land or building in respect of which such rent is
paid or is payable;
(ii) an owner living in or otherwise using his land or building;
(iii) a rent free tenant;
(iv) a licensee in occupation of any land or building;
(v) any person who is liable to pay to the owner damages or compensation
for the use and occupation of any land or building;
(g) “owner” in relation to any property, means and includes any person who is, for
the time being receiving or entitled to receive, whether on his own account or
on account of or on behalf of, or for the benefit of, any other person or as an
agent, tru stee, guardian, manager or receiver for any other person or for any
religious or charitable institution, the rents or profits of the property; and also
includes a mortgagee in possession thereof;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “relevant law” means the Gujarat Provincial Municipal Corporation Act, 1949
or the Gujarat Municipalities Act, 1963 or the Gujarat Town Planning and
Urban Development Act, 1976 or the Gujarat Fire Prevention and Life Safety
Measures Act, 2013 or the Real Estate (Regulation and Development) Act,
2016 or the Gujarat Clinical Establishments (Registration and Regulation) Act,
2021 or any rules or bye -laws, regulations standing orders or orders made
thereunder;
(j) “unauthorised development” means t he development where, irrespective of
ownership, no permission to use a building or a part thereof is obtained from
President’s Act
No. 27 of 1976.
Guj. LIX of 1949.
Guj. 34 of 1964.
President’s Act No.
27 of 1976.
Guj. 11 of 2013.
16 of 2016.
Guj. 18 of 2021.
Short title,
extent and
commencement.
Definitions.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 1-3
the authority competent to give such permission, or having obtained the
permission, the development is in contravention of the relevant law or of such
permission.
(2) Words and expressions used in this Act but not defined shall have the meaning as
assigned to them in the Gujarat Act and the rules made there under.
3. (1) The State Government may appoint, by notification in the Official Gazet te, the
Municipal Commissioner or the Chief Executive Officer of the Development
Authority or the Chief Officer of the Municipality 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, such
other authority or person as the Designated Authority as it deems fit for the area
specified in such notification.
4. The Designated Authority, as soon as may be, after the commencement of this Act,
shall cau se the substance of the Act to be published for the information and
awareness of the public in such manner as may be prescribed.
5. (1) At any time on or before the 30 th September, 2022, a notice issued to an owner or
occupier or any order issued or decis ion taken under the relevant law, except under
the provisions of the Real Estate (Regulation and Development) Act, 2016,
requiring such owner or occupier to remove or pull down or alter unauthorised
development carried out shall be deemed to have stood sus pended 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 sub - sections (1), ( 2) and (3) of
section 8.
(2) Any applicant who has been served with the notice under the relevant laws as
provided in sub-section (1), or not, may make an application in such form and in such
manner as may be prescribed to the Designated Authority for re gularisation of any
unauthorised development within a period of four months from the commencement
of this Act. Making an application shall be an obligation on part of owner/occupier:
Provided that in case where more than one owners or occupiers are ava iling
the facility of unauthorised development in part or whole, all such owners or
occupiers shall make an application jointly to the Designated Authority;
Provided further that the Designated Authority may after making such
inquiry as it thinks fit, if satisfied, allow the lesser number of owners or occupiers to
make an application.
(3) The above provision of sub-section (1) shall not be applicable to the notice issued to the
owners or the occupiers under the Real Estate (Regulation and Development) Act, 2016.
6. (1) On receipt of the application made by the applicant under section 5, the Designated
Authority shall, within a period of six months, scrutinize the same and after making
such inquiry as it may deem fit, is of the opinion that the unautho rised development
can be regularised, shall pass an order requiring the applicant to pay fees, if any,
payable under the relevant laws and the fees payable in accordance with the
provisions of this Act for regularisation of unauthorised development as a on e-time
measure.
(2) The applicant shall pay the fees as required under sub -section (1) within a period of
two months from the date of the order, failing which the notice or order or decision as
referred to in section 5, shall stand revived and in a case w here no notice under the
relevant law has been given as provided in sub -section (1) of section 5, the
application shall stand refused and such unauthorised development shall be liable to
16 of 2016.
16 of 2016.
Designated
Authority.
Public
awareness.
Application for
regularisation of
unauthorised
development.
Grant or refusal to
regularise
unauthorised
development.
1-4 GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 [ PART IV
be removed as per the relevant laws.
(3) On payment of fees as provided under sub-section (2), the Designated Authority shall
pass an order regularizing the unauthorised development, wholly or partly, with or
without conditions, in such form and in such manner as may be prescribed.
(4) If, on scrutiny of the application of the applicant and after making such inquiry, as it
deems fit, the Designated Authority is of the opinion that the unauthorised
development cannot be regularised, it shall pass an order, within six months of such
application seeking regularisation, refus ing to regularise such unauthorised
development, stating the grounds therefore, in such form and in such manner as may
be prescribed.
7. The State Government shall specify, by notification in the Official Gazette, the fees
payable under this Act and the mode of calculation of such fee for regularisation of
any unauthorised development in respect of the matters specified in section 10.
8. (1) Notwithstanding anything contained in this Act, an unauthorised development shall
not be regularised in a case w here 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;
(c) land under alignment of roads indicated in development plan or a town
planning scheme or under alignment of a public road;
(d) land designated or reserved under a development plan or a town planning
scheme;
(e) water courses and water bodies like tank beds, river b eds, natural drainage
and such other places;
(f) areas earmarked for the purpose of obnoxious and hazardous industrial
development;
(g) playground attached with the educational institution.
(2) The Designated Authority shall not regularise unauthorised developmen t in respect of
the following matters, namely: -
(a) where the permissible FSI (Floor Space Index) in a zone is less than 1.0;
(b) where FSI consumed in other than residential use, is more than fifty per
cent. of the maximum permissible FSI as per CGDCR;
(c) where projections are beyond the plot boundary;
(d) where the change of use which in the opinion of the Designated Authority
may cause danger to health or lead to health and safety hazard;
(e) where the unauthorised development falls under the alignment of means of
water s upply, drainage, sewerage, supply of electricity or gas or of any
other public utility service; and
(f) such unauthorised development which the State Government may,
prescribe.
(3) An unauthorised development shall not be regularised if it is inconsistent wi th the
provisions of -
(a) the Gujarat Fire Prevention and Life Safety Measures Act, 2013, or
(b) the Real Estate (Regulation and Development) Act, 2016, or
(c) the Gujarat Clinical Establishments (Registration and Regulation) Act,
2021, or
(d) structural stability requirements as per the CGDCR:
Guj. 11 of 2013.
16 of 2016.
Guj. 18 of 2021.
Circumstances in
Which
unauthorised
development shall
not be regularised.
Fees for
regularization.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 1-5
Provided that subject to other provisions of this Act, on
presentation of a certificate from the authority, for the fire safety measures
and a certificate from the structural engineer authorised by the authority as
may be prescri bed, with regard to the compliance of the provisions of
clause (a) or (d) or both, as the case may be, the Designated Authority may
regularise the unauthorised development.
(4) Any unauthorised development carried out or an order issued or decision take n as
specified in section 5, on or after the 1st October, 2022 shall not be regularised.
9. Notwithstanding anything contained in the Gujarat Provincial Municipal
Corporations Act, 1949 and the Gujarat Municipalities Act, 1963, any grant of
regularisation of unauthorised development or part thereof under this Act shall be
deemed to be a Building use Permission for that building as sought under CGDCR or
any such provisions of the laws/orders/bye-laws.
10. Subject to the rules framed under this Act, the D esignated Authority may regularise
any unauthorised development in respect of the following matters, namely: -
(i) Margins,
(ii) Built up area,
(iii) Height of building,
(iv) Change of use,
(v) Common plot subject to limit of fifty per cent. coverage and of permissible
use only,
(vi) Covered Projection,
(vii) Parking, subject to the further condition that the occupier or owner shall
provide parking at least fifty per cent. of the requirement as per CGDCR in
unauthorised development and where it is not so feasible, in a place owned
or occupi ed by himself or in case of more than one applicant, within such
distance not exceeding five hundred meters from the unauthorised
development as directed by the Designated Authority. For the rest of the
fifty per cent. parking required, the compounding shall be permissible at the
prescribed rates.
(viii) Sanitary facility, subject to the condition that the Designated Authority is
satisfied that the sanitary facility provided is adequate;
(ix) such other matters which the State Government may prescribe.
11. (1) On reg ularisation of such unauthorised development under section 6, all court cases
or other proceedings, filed by the Designated 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.
12. (1) Any person aggrieved by the order or decision of the Designated Authority under
section 6 may within sixty d ays from the date of the receipt of such 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
Regularisation of
unauthorised
development deemed to
be Building use
Permission.
Circumstances in which
unauthorised
development may be
regularised.
Consequences of
regularisation.
Appeal.
Guj. LIX of 1949.
Guj. 34 of 1964.
1-6 GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 [ PART IV
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 fees of rupees two
hundred, the Appellate Officer may, afte r giving the appellant an opportunity of
being heard, pass an order confirming, modifying or cancelling the order appealed
against as expeditiously as possible.
(4) The decision of the Appellate Officer under sub -section (2) shall be final and shall
not be questioned in any court of law.
(5) No appeal under this section by an aggrieved person shall be entertained by the
Appellate Officer unless an amount equivalent to the fifty per cent. of the fees
payable under this Act is deposited with the Designated Authority:
Provided that where in the opinion of the Appellate Officer amount to be
deposited by the appellant is likely to cause undue hardship to him, the Appellate
Officer may in his discretion, unconditionally or subject to such conditions as he ma y
think fit to impose, dispense with a part of the amount to be deposited so however
that the part of amount so dispensed with shall not exceed fifty per cent. of the
amount required to be deposited.
(6) The Appellate Officer shall receive, such monthly salary and such other facilities and
allowances from such Designated Authority as the State Government may determine
from time to time.
13. 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 including but not limited to fire
safety, parking provision and steps for environmental improvement.
14. (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.
15. 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.
16. (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 relevant law, the State Government may
from time to time issue such directions as it may deem fit, to the Designated
Authority with a view to prevent the unauthorised development.
17. (1) The State Government may, by notification in the Official Gazette, make rules
generally for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such
Constitution of
Infrastructure
Development Fund.
Protection of action
taken in good faith.
Removal of Doubt.
Power of State
Government to give
directions.
Power to
make rules.
Government Central Press, Gandhinagar.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-01-2023 1-7
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 application to regularise unauthorised development and manner
thereof under sub-section (2) of section 5;
(iii) the f orm of order to regularise unauthorised development and the manner
thereof under sub-section (3) of section 6;
(iv) the form of order refusing to regularise unauthorised development and the
manner thereof under sub-section (4) of section 6;
(v) such other matters w hich shall not be regularised as specified in sub -section (2)
of section 8; and
(vi) such other matter under section 10 for regularisation of unauthorised
development.
(3) All rules made under this section shall be laid for not less than thirty days bef ore
the State Legislature as soon as may be they are made, and shall be subject to
rescission by the State Legislature or to such modification as the State Legislature
may make, during the session in which they are so laid or the session immediately
following.
(4) Any rescission or modification so made by the State Legislature shall be published in
the Official Gazette, and shall thereupon take effect.
18. The provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other law for the time being in force.
19. (1) The Gujarat Regularisation of Unauthorised Development Act, 2011 is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Act
shall in so far as it is not inco nsistent with the provisions of this Act, be deemed to
have been done or taken under this Act.
20. (1) The Gujarat Regularisation of Unauthorised Development Ordinance, 2022 is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any ac tion taken under the said
Ordinance, shall be deemed to have been done or taken under this Act.
-------------
Guj. Ord. 3 of
2022.
Application of other
laws not barred.
Repeal of Guj. Ord. 3
of 2022 and saving.
Repeal of Guj. 26 of
2011 and saving.
Guj. 26 of 2011.