The Gujarat Regularisation of Unauthorised Development Act, 2001

Short title, extent and commencement.—

1. (1) This Act may be called the Gujarat Regularisation of Unauthorised Development Act, 2001.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) "Area Development Authority" means an Area Development Authority constituted under section 22 of the Gujarat Town Planning and Urban Development Act, 1976;
2. (b) "building" means a building as defined in clause
   • (vi) of section 2 of the Gujarat Town Planning and Urban Development Act, 1976;
3. (c) "development" with its grammatical variations means development as defined in clause
   • (xiv) of section 2 of the Gujarat Town Planning and Urban Development Act, 1976;
4. (d) "unauthorised development" means the development of any land or building or any change in the use of land or building, made or carried out without or contrary to the development permission granted under the Gujarat Town Planning and Urban Development Act, 1976 or without or contrary to the permission required to be obtained under any other law for the time being in force;
5. (e) "Urban Development Authority" means an Urban Development Authority constituted under section 22 of the Gujarat Town Planning and Urban Development Act, 1976.

Regularisation of certain unauthorised developments

1. (1) Notwithstanding anything contained in the Gujarat Town Planning and Urban Development Act, 1976 or the Gujarat Municipalities Act, 1963 or the Bombay Provincial Municipal Corporations Act, 1949 or any other law for the time being in force, all unauthorised developments may be regularised under this Act, if such development—
   • (a) is not in a zone designated as a low density residential zone or an agricultural zone in the draft or final development plan; and
   • (b) is not in a ecologically sensitive area like a forest, river bed, or creek.
2. (2) Notwithstanding anything contained in sub-section (1), no unauthorised development shall be regularised if it causes any public nuisance or if it is detrimental to the public health, safety or convenience.

Application for regularisation

1. (1) Any person who has made an unauthorised development may apply to the designated authority for regularisation of such development within such time and in such form and manner as may be prescribed.
2. (2) Every application made under sub-section
3. (1) shall be accompanied by—
   • (a) a copy of the layout plan or building plan of the unauthorised development;
   • (b) such documents as may be prescribed to prove the ownership or right of occupancy of the land; and
   • (c) such fee/charges as may be determined by the State Government by notification in the Official Gazette for different categories of unauthorised developments.
4. (3) On receipt of an application under sub-section (1), the designated authority may, after making such inquiry as it deems fit, either regularise the development or reject the application:

Levy of impact fee Levy of impact fee.--

1. (1) Subject to the provisions of this Act, the authorised officer shall levy on the applicant an impact fee for the regularisation of any unauthorised development.
2. (2) The impact fee shall be calculated in such manner as may be prescribed:

Power to delegate Power to delegate.-- The State Government may, by notification in the Official Gazette, delegate to the authorised officer or any other officer, all or any of the powers conferred upon it by or under this Act, except the power to make rules under section 12, subject to such conditions and restrictions as may be specified in the notification.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
3. (3) Any modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.