section 284C
Power to acquire cleared land which owners have failed to redevelop.
The Gujarat Provincial Municipal Corporations Act, 1949(1) Where land has been cleared of buildings in accordance with a clearance order, the Corporation may, at any time after the expiration of eighteen months from the date on which the order become operative, by resolution determine to acquire any part of it which at the date of the passing of the resolution has not been, or is not in process of being, used for building purposes or otherwise developed by the owner thereof in accordance with plans approved by the Commissioner and any restrictions or conditions imposed under sub-section (10) of section 281. (2) Where the Corporation has determined to acquire any land under this section the Commissioner may acquire it by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire it by a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to this Act. (3) An order authorising the compulsory acquisition of land for the purposes of this section shall be submitted by the Commissioner to the State Government within three months after the date of the passing of the resolution to acquire the land. (4) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section. (5) The Commissioner shall, with the approval of the Standing Committee, deal with any land acquired under this section by sale, lease, or appropriation in accordance with the provisions of section 284A. (2) Upon any such application as aforesaid, the District Court, after giving to any sub-lessee an opportunity of being heard, may, if he thinks fit, make an order for the determination of the lease, or for the variation thereof, and in either case, either unconditionally or subject to such terms and conditions (including condition with respect to the payment of money by any party to the proceeding to any other party thereto by way of compensation, damages, or otherwise) as he may think just and equitable to impose, regard being had to the respective rights, obligations, and liabilities of the parties under the lease and all the other circumstances of the case. (3) In this section, the expression ‘lease’ includes an under lease and any tenancy or agreement for a lease, under lease, or tenancy, and the expression ‘lessor’, ‘lessee’ and ‘sub-lessee’ shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee. Re-development areas.
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