section 10
Circumstances in which unauthorised development may be regularised.
The Gujarat Regularisation of Unauthorised Development Act, 2011(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, (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.
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