Circumstances in Which unauthorised development shall not be regularised.

8.

1. (1) Notwithstanding anything contained in this Act, 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) water courses and water bodies like tank beds, river beds, 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. (2) The Designated Authority shall not regularise unauthorised development 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 supply, 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. (3) An unauthorised development shall not be regularised if it is inconsistent with 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: 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 prescribed, 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. (4) Any unauthorised development carried out or an order issued or decision taken as specified in section 5, on or after the 1st October, 2022 shall not be regularised.