LexThe Gujarat Regularisation of Unauthorised Development Act, 2011.
Gujarat · state statute
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Extra No. 26 REGISTERED No. L2/RNP/G/GNR/84
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©
(i) The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LII] WEDNESDAY, OCTOBER 12, 2011/ASVINA 20, 1933
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 11th October, 2011 is hereby published for general information.
C. J. GOTHI,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
as on 16.3.011 by c
GUJARAT ACT NO. 26 OF 2011.
(First published, after having received the assent of the Governor, in the
"Gujarat Government Gazette", on the 12th October, 2011).
AN ACT
to regularise the unauthorised development in development areas in the
State and for matters connected therewith or incidental thereto.
WHEREAS there has been unauthorised developments in the
city of Ahmedabad and development areas in the State, on a large scale;
AND WHEREAS such unauthorised developments are liable to
be removed and pulled down;
IV-Ex.,-26-1 26-1
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AND WHEREAS by removal and pulling down of such
unauthorised developments, hardship to a large number of people is
likely to be caused;
NOW, THEREFORE, it is expedient to have a law to provide
for regularisation of certain unauthorised developments.
It is hereby enacted in the Sixty-second Year of the Republic of
India as follows:-
1. (1) This Act may be called the Gujarat Regularisation of
Unauthorised Development Act, 2011.
(2) It extends to whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires, —
(a) “applicant” means an occupier or owner intending to make
an application for regularisation of unauthorised development
under section 5;
(b) "Bombay Act" means the Gujarat Provincial Municipal
Corporations Act,1949;
(c) “built-up area” means the area covered by a building on all
floors including cantilevered or projection portion;
(d) “Commissioner” shall have the meaning assigned to it in
clause (9) of section 2 of the Bombay Act;
(e) "designated authority" means the Commissioner or any other
authority or person appointed as the designated authority
under section 3;
(f) "development" shall have the meaning assigned to it in
clause (viii) of section 2 of the Gujarat Act;
(g) "Gujarat Act" means the Gujarat Town Planning and Urban
Development Act,1976;
(h) “GDCR” means the general development control regulations
made under clause (m) of sub-section (2) of section 12 of the
Gujarat Act;
(i) “Ground Coverage” means the total built-up area at the
ground level;
Short title, extent
and
commencement.
Definitions.
Bom. LIX of
1949.
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(j) "land" means the land as defined in clause (xiii) of section 2
of the Gujarat Act;
(k) "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;
(l) “owner” means in relation to any property, 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, trustee, 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;
(m) "prescribed" means prescribed by rules made under this Act;
(n) “unauthorised development” means the development where,
irrespective of ownership, no permission of a building or a
part thereof is obtained from the authority competent to give
such permission, or having obtained 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 thereunder.
3. (1) The State Government may appoint, by notification in the
Official Gazette, the Commissioner as the Designated Authority for the
area as specified in such notification.
Designated
Authority.
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(2) The State Government may also appoint, by notification in the
Official Gazette, any other authority or person as the Designated
Authority as it deems fit for the area specified in such notification.
4. The designated authority, as soon as may be, after the appointed
date under sub-section (3) of section 1 shall cause the substance of the
Act to be published for the information of the public in such manner as
may be prescribed.
5. (1) At any time prior to the 28th March, 2011 a notice issued to
an owner or occupier or any order issued or decision taken under the
relevant law requiring such owner or occupier to remove or pull down or
alter unauthorised development carried out shall be deemed to have
stood suspended unless and until such notice, order or decision stands
revived under sub-section (2) of section 6 :
Provided that such provision shall not be applicable in case of
development carried on land in respect of matters provided in sub-
section (1) of section 8.
(2) Notwithstanding anything contained in the relevant law or in the
order issued or the decision taken under the relevant law, directing
removal, pulling down or alteration of unauthorised development, or
discontinuance of any use of land or building, the designated authority
shall either suo moto or otherwise, within six months from the
commencement of this Act, or within such period as may be extended by
the State Government by order in writing, serve on the owner or
occupier a notice in the manner as may be prescribed and direct him to
furnish such particulars and documents as the designated authority deem
necessary:
Provided that 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 the manner as may be prescribed to the designated
authority for regularisation of any unauthorised development within the
period of six months from the commencement of this Act, or within such
period as may be extended by the State Government by an order in
writing :
Provided further that in case where more than one owner or
occupiers are availing the facility of unauthorised development in part or
Public
awareness.
Notice and
application
for
unauthorised
development.
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whole, all such owners or occupiers shall make an application jointly to
the designated authority :
Provided also 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 occupier or owner or, as the case may be, the occupiers or
owners shall reply in response to the notice served on him or them under
sub-section (2) within a period of one month of such notice and in such
manner as may be prescribed.
6. (1) On receipt of the reply to the notice or the application
made by the applicant under section 5, the designated authority shall,
within a period of eighteen months or such period as may be extended
by the State Government by an order in writing, scrutinize the same and
after making such inquiry as it may deem fit, is of the opinion that the
unauthorised development can be regularised, shall pass an order
requiring the applicant to pay fees, if any, payable under the relevant
laws and the fees payable under this Act for regularisation of
unauthorised development.
(2) The applicant shall pay the fees as required under sub-section (1)
within a period of one month from the date of the order, failing which
the notice or order or decision as referred to in sub-section (1) of section
5, shall stand revived and in a case where no notice under the relevant
law has been given as provided in sub-section (1) of section 5, the
application shall stand refused.
(3) On payment of 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 the form
and manner as may be prescribed.
(4) If, on scrutiny of the reply to the notice or the application of the
applicant and after making such inquiry, as he deems fit, the designated
authority is of the opinion that the unauthorised development cannot be
regularised, it shall pass an order, within eighteen months of such reply
to notice or application, refusing to regularise such unauthorised
development, stating the grounds therefore, in the prescribed form and
manner as may be prescribed.
Grant or
refusal to
regularise
unauthorised
development.
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7. The State Government shall prescribe, by notification in the
Official Gazette, the fees payable under this Act and mode of calculation
thereof for regularisation of any unauthorised development in respect of
the matters specified in sub-section (1) of section 10.
8. (1) An unauthorised development shall not be regularised in a
case where unauthorised development is carried out on any of the
following lands, namely:-
(a) land belonging to Government, local authority or statutory body;
(b) land acquired or allotted by the Government, local authority or
statutory body for a specific purpose;
(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) lands till regularised as provided in section 9,
(f) water courses and water bodies like tank beds, river beds, natural
drainage and such other places;
(g) areas earmarked for the purpose of obnoxious and hazardous
industrial development
(2) An unauthorised development shall not be regularised if it is
inconsistent with -
(a) fire safety measures under the relevant law, or
(b) structural stability requirements as per the G D C R:
Provided that subject to other provisions of this Act, on
presentation of a certificate from the authority, as may be prescribed,
with regard to the compliance of the provisions of clause (a) or (b) or
both, as the case may be, the designated authority may regularise the
unauthorised development.
(3) Notwithstanding anything contained in clause (a) of
sub-section (2), the designated authority may for the purpose of
Circumstances in
which
unauthorised
development
shall not be
regularised.
Fees for
regularisation.
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regularisation of unauthorised development, direct the applicant for
making of provisions in the unauthorised development as follows,
namely: -
(a) In the case of buildings with 100 per cent. built-up area with no
space for water storage tank and installation of fire pumps and no
provision of alternate means of escape or no provision for fixed
fire-fighting installations, the designated authority may, in
consultation with the Chief Fire Officer of the municipal
corporation, area development authority or, as the case may be,
the urban development authority direct the applicant to provide
such fire safety measures as may be specified in the direction
within a period of three months from the date of such direction.
(b) In the case of buildings where no space is available within the
complex in which they are situated for the construction of
underground water storage tanks and installation of fire pumps
but adequate means of escapes are available, the designated
authority may direct the applicant to provide common
underground water storage tank and fire pumps in such complex
at suitable location within a period of three months from the date
of direction.
(4) Any unauthorised development carried out or an order issued or
decision taken for the matters specified in sub-section (2) of section
5, on or after the 28th March, 2011 shall not be regularized.
9. Notwithstanding anything contained in section 84C of the
Gujarat Tenancy and Agricultural Lands Act, 1948 and in section 122 of
the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and
Kutch Area) Act, 1958, the lands for which the previous sanction of the
Collector under sections 43 and 57 respectively of the said Acts was
required but has not been taken and unauthorised development has been
carried out on such lands then so far as the regularisation of the
transaction of such land is concerned, the same shall be regularised in
accordance with the scheme that may be framed by the State
Government in the Revenue Department.
10. (1) The designated authority may regularise any unauthorised
development in respect of the following matters, namely:-
(i) Ground Coverage,
(ii) Built up area,
(iii) Height of building,
Circumstances in
which
unauthorised
development may
be regularised.
Regularisation of
lands for which
sanction of
Collector is not
taken.
Bom.
LXVII of
1948.
Bom. XCIX
of 1958.
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(iv) Change of use,
(v) Common plot, and
(vi) Parking, subject to the condition that the occupier or owner shall
provide parking as per GDCR in unauthorised development and
where it is not so feasible, in a place owned or occupied by
himself or more than one applicant, within such distance not
exceeding five hundred meters from the unauthorised
development as directed by the designated authority within a
period of six months from such direction. However, in the event
of non-compliance of the aforesaid directions for any reason, the
Designated Authority shall refer matter to the Committee as may
be constituted by the State Government by rules and such
committee after making such inquiry as it deems fit, will suggest
suitable options which shall be taken into consideration by the
Designated Authority for the purpose of implementation;
(vii) Sanitary facility, subject to the condition that the designated
authority is satisfied that the sanitary facility provided is
adequate;
(viii) such other matters which the State Government may, prescribe.
(2) The designated authority shall not regularise unauthorised
development in respect of the following matters, namely:-
(a) having such floor space index which the State Government may
prescribe;
(b) projections beyond the plot boundary;
(c) the change of use which in the opinion may cause danger to
health or lead to health hazard;
(d) falling under the alignment of means of water supply, drainage,
sewerage, supply of electricity or gas or of any other public
utility service; and
(e) such unauthorised development which the State Government
may, prescribe.
11. (1) On regularisation of such unauthorised development under
section 6, all court cases or other proceedings, filed by the appropriate
authority or the occupant or the owner or otherwise and pending in any
Consequences of
regularisation.
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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 days from the date
of the receipt of the order prefer an appeal to an Appellate Officer, who
shall be a person who has held the office of a Judge of District Court for
a period not less than three years or a Secretary to the Government of
Gujarat, and appointed in this behalf by the State Government.
(2) The State Government may appoint as many Appellate Officers
as it may deem fit for different areas or part thereof :
Provided that, the Appellate Officer may entertain the appeal
after the expiry of the said period of sixty days if he is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time.
(3) On receipt of an appeal under sub-section (1) along with a fee of
rupees one hundred, the appellate officer may, after giving the appellant
an opportunity of 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 applicant shall be
entertained by the Appellate Officer unless an amount equivalent to the
50% 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 may 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.
Appeal.
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(6) The Appellate Officer shall receive, such monthly salary and
such other facilities and allowances from such authority as the State
Government may determine from time to time.
(7) The provisions of sub-sections (2) to (5) shall not apply in a case
where the appeal is not preferred by the occupier or owner.
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.
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 Bombay Act or the
Gujarat Act, the State Government may from time to time issue such
directions as it may deem fit, to the Commissioner or the appropriat
authority with a view to prevent the unauthorised development.
17. (1) The State Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules
for carrying out the purposes of this Act:
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.
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Provided that if the State Government is satisfied that
circumstances exist which render it necessary to take immediate action,
it may dispense with the previous publication of any rule to be made
under this Act.
(2) In particular and without prejudice to the generality of the
foregoing provisions, such rules may provide for all or any of the
following matters, namely :-
(i) the manner of publication of the substance of the Act for public
awareness under section 4;
(ii) the form of notice to be served on the owner or occupier and the
form of application to regularise unauthorised development and
manner thereof under sub-section (2) of section 5;
(iii) the manner for giving reply in response to the notice under
sub-section (3) of section 5;
(iv) the form of order to regularise unauthorised development and the
manner under sub-section (3) of section 6;
(v) the form of order refusing to regularise unauthorised
development and the manner under sub-section (4) of section 6;
(vi) the rates of fees payable mode of calculation of fees under
section 7;
(vii) such other matter under clause (viii) of sub-section (1) of section
10 for regularisation of unauthorised development.
(viii) such other matters which shall not be regularised specified in
clause (e) of sub-section (2) of section 10;
(ix) constitution of the Committee under clause (vi) of sub-section
(1) of section 10;
(3) All rules made under this section shall be laid for not less than
thirty days before 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.
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(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 have overriding effect
notwithstanding anything contained in any other law for the time being
in force, in so far as the regularisation of unauthorised development is
concerned.
19. (1) The Gujarat Regularisation of Unauthorised Development
Act, 2001 is hereby repealed.
(2) Notwithstanding such repeal, all notices and directions issued
under the repealed Act shall be deemed to have been issued under the
provisions of this Act and all proceedings pending before the designated
authority including appeals pending before the Appellate Officer shall
be decided in accordance with the provisions of this Act.
------------
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
Act to have
overriding
effect.
Guj. 23 of 2001. Repeal and
savings.