Chapter VI CONTROL, REGULATION AND DEVELOPMENT IN

(1) On or after the date on which the Ambaji Pilgrimage Tourism Authority is constituted, no person shall carry on any development in any building or in or over any land, within the limits of the said Pilgrimage Tourism development area without the permission in writing of the Ambaji Pilgrimage Tourism Authority: Provided that no such permission shall be necessary, - (i) in respect of any work which is being carried on by the State Government on the date of commencement of this Act; (ii) for any work being carried on for the maintenance, improvement or other alteration of any building and which affect only the interior of the building or which does not materially affect the external appearance thereof; (iii) for the carrying out of- (a) any operational construction undertaken by the Central Government or a State Government; (b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus or the breaking open of any street or other land for such purpose; (iv) for any excavation, including excavation of wells made in the ordinary course of an agricultural operation; (v) for the construction of a road intended to give access to land solely for agricultural purposes; (vi) for the normal use of land which has been used temporarily for other purposes; (vii) in case of land normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose; (viii) for any purpose incidental to the use of a building for human habitation or any other building or land attached to such building.

Any person, not being the Central Government or a State Government, intending to carry out any development in any building or in or over any land within the limits of a Pilgrimage Tourism development area shall, make an application in writing to the Ambaji Pilgrimage Tourism Authority for permission for such development in such form and containing such particulars and accompanied by such documents as may be determined by regulations.

(1) Any person not being the Central Government or a State Government, intending to retain any use of building or work constructed or carried out on any land, or to continue any use of any particular land, before the date on which a final development plan comes into force, which is not in conformity with the provisions of the regulations or the final development plan, shall make an application in writing to the Ambaji Pilgrimage Tourism Authority for permission to retain or continue such use, containing such particulars and accompanied by such documents and such fees as may be determined by regulations, within six months from the date on which the final development plan in respect of such Pilgrimage Tourism development area comes into force. (2) On or after the date on which the said period of six months expires, no person shall retain or continue any such use of building or work or land, without such permission having been obtained or contrary to the terms thereof: Provided that where such person has applied under sub-section (1) within a period of six months and no order has been made within a period of six months after the receipt of the application under said sub-section (1), he shall retain or continue such use until the date of such order.

(1) On receipt of an application under section 12 or section 13, the Ambaji Pilgrimage Tourism Authority shall furnish the applicant with a written acknowledgement of its receipt and after satisfying itself that the development charge, if any, payable by the applicant has been paid and after making such inquiry as it thinks fit may, subject to the provisions of this Act, by order in writing- (i) grant the permission with or without any condition; or (ii) grant the permission, subject to any general or special order made by the State Government in this behalf; or (iii)refuse to grant the permission.

(2) Any permission under sub-section (1) shall be granted in the prescribed form and every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal.

(3) Every order made under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.

(4) If the Ambaji Pilgrimage Tourism Authority fails to communicate its order to the applicant within three months from the date of receipt of the application, such permission shall be deemed to have been granted to the applicant on the expiry of the said period of three months.

(1) If any person carries on any development work or retains the use of any building or work or continues the use of land in contravention of the provisions of section 12 or section 13 or of any permission granted under sub-section (1) of section 14, the Ambaji Pilgrimage Tourism Authority may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any building or work carried out and restore the land to its original condition or, as the case may be, take any measures to stop such use.

(2) Any expenses incurred by the Ambaji Pilgrimage Tourism Authority under sub-section (1) shall be a sum due to the Ambaji Pilgrimage Tourism Authority under this Act from the person in default.

(1) Where permission for the retention or continuance or retention of use of building or work or land of the kind referred to in section 13 is refused or is granted subject to any conditions, then, if any owner of the land claims- (a) in a case where such permission is refused on the ground that the land in question has become incapable of reasonable beneficial use in its existing state, (b) in a case where permission is granted subject to conditions, due to which the land has become incapable of reasonable beneficial use by carrying out the conditions of the permission, he may, within the time and in the manner determined by regulations, serve on the Ambaji Pilgrimage Tourism Authority a notice (hereinafter referred to as "a purchase notice") requiring the Ambaji Pilgrimage Tourism Authority to purchase his interest in the land in accordance with the provisions of this section.

(2) Where a purchase notice is served on the Ambaji Pilgrimage Tourism Authority under sub-section (1), the Ambaji Pilgrimage Tourism Authority shall forthwith transmit a copy of the notice to the State Government and the State Government shall, if satisfied, confirm the notice and thereupon the Ambaji Pilgrimage Tourism Authority shall be deemed to be authorized to acquire the interest of the owner in accordance with the provisions of this Act, and shall serve on the owner a notice for acquiring his interest in such land on such date as the State Government may direct.

(3) If the State Government does not confirm the purchase notice, within the period of six months from the date on which the purchaser has served notice under sub-section (1), the notice shall be deemed to have been confirmed at the expiration of that period and the Ambaji Pilgrimage Tourism Authority on which the notice was served shall be deemed to be authorized to acquire the interest of the owner.

Every permission granted or deemed to have been granted under section 14 shall remain in force for a period of one year from the date of such grant and thereafter it shall lapse:

Provided that, the Ambaji Pilgrimage Tourism Authority may, on an application from time to time, extend such period by a further period not exceeding one year at a time, so however, that the extended period shall in no case exceed three years in the aggregate:

Provided further that the lapse of the permission as aforesaid shall not bar any subsequent application for fresh permission under this Act.

(1) If it appears to the Ambaji Pilgrimage Tourism Authority that it is necessary or expedient, having regard to the development plan that may have been prepared or may be under preparation or having regard to any variation made in the final development plan that any permission granted under section 14 should be revoked or modified, the Ambaji Pilgrimage Tourism Authority may, after giving the person concerned an opportunity of being heard, by an order, revoke or modify the permission to such extent as appears to it to be necessary :

Provided that where the permission relates to the carrying out of any building or other operation, in or over any land, no such order shall affect such of the operations as may have already been carried out in pursuance of the permission and no such order shall be passed after such operations have substantially progressed or have been completed.

(2) Where any permission is revoked or modified by an order made under sub-section (1) and any owner claims, within the time and in the manner as may be prescribed, compensation for the expenditure incurred in carrying out any development in accordance with such permission which has been rendered abortive by the revocation or modification, the Ambaji Pilgrimage Tourism Authority shall, after giving the owner a reasonable opportunity of being heard, assess and offer such compensation to the owner as it thinks fit.

(3) If the compensation as offered under sub-section (2) is not acceptable to the owner, he may prefer an appeal before the District Judge within a period of three months from the date of such order:

Provided that no such appeal shall be entertained if not made within the stipulated time limit.

(1) Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development- (a) without any application for permission required under section 12; (b) which is not in accordance with any permission granted under section 13 or section 14 or is in contravention of any condition subject to which such permission has been granted; (c) after such permission has been duly revoked; or (d) in contravention of any modification made in such permission, shall, on conviction, be punished with fine which may extend to fifty thousand rupees, and in the case of a continuing offence with a further fine which may extend to five thousand rupees for each day during which the offence continues after conviction for the first offence.

(2) Any person who continues to use or allows the use of any land or building or work in contravention of the provisions of a development plan or being allowed to do so under section 14 or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed, or does not comply with the terms and conditions under which the continuance of such use is allowed, shall, on conviction, be punished with fine which may extend to fifty thousand rupees and in the case of a continuing offence, with a further fine which may extend to five thousand rupees for each day during which such offence continues after conviction for the first offence.

(1) Where any development has been carried out in any of the circumstances referred to in sub-section (1) of section 19, or any use of land or building or work is continued so as to constitute an offence punishable under sub-section (2) of section 19, the Ambaji Pilgrimage Tourism Authority may, subject to the provisions of this section, within three years of such development, or continuance of use so made, serve on the owner a notice requiring him, within such period, being not less than one month as may be specified therein, after the service of the notice,- (a) to restore the land or building to its condition existing before the said development took place, in cases specified in clause (a) or clause (c) of sub-section (1) of section 19; (b) to secure compliance with the conditions or with the permissions as modified, as the case may be, in cases specified in clause (b) or clause (d) of sub-section (1) of section19; (c) to discontinue such use of building or land or work: Provided that where the notice requires the discontinuance of any use of land or building, the Ambaji Pilgrimage Tourism Authority shall also serve a notice on the occupier.

(2) The notice under sub-section (1) may include the following, namely: - (a) the demolition or alteration of any building or work; (b) the carrying out on land of any building or other operations.

(3) Any person aggrieved by such notice may, within the period specified in the notice, make representation to the Ambaji Pilgrimage Tourism Authority.

(4) The Ambaji Pilgrimage Tourism Authority, after considering the representation and, if it deems fit, after providing an opportunity of being heard, may withdraw the notice fully or to the extent in respect of any of the matters specified therein: Provided that in case where the representation is not withdrawn fully, the Ambaji Pilgrimage Tourism Authority may grant a period not exceeding one month for the compliance of the matters which have not been withdrawn.

(5) In case where the owner acts in breach of the provisions of sub-section (1) or in breach of the provisions of sub-section (4), as the case may be, the Ambaji Pilgrimage Tourism Authority may pass an appropriate order,- (a) to discontinue any use of land or building made in contravention of the notice; (b) to demolish or alter any building or work or other operations, and recover the amount of any expenses incurred by it in this behalf from the owner as an arrear of land revenue, where the notice requires for demolition or alteration of any building or work or the carrying out of any construction or other operations, for the purpose of the restoration of the building to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified.

(6) Whoever, contravenes clause (a) of sub-section (5) shall, on conviction, be punished with fine which may extend to fifty thousand rupees, and in the case of a continuing offence, with a further fine which may extend to one thousand rupees for each day during which such offence continues after conviction for the first offence.

(1) Notwithstanding anything contained in this Chapter, where any person has carried out any development of a temporary nature in any of the circumstances referred to in sub-section (1) of section 20, so as to constitute an offence punishable under that section, the Ambaji Pilgrimage Tourism Authority may, by an order in writing, direct such person to remove any structure or work erected within fifteen days of the receipt of such order, and if thereafter, the person does not comply with the said order, the Ambaji Pilgrimage Tourism Authority may direct the Superintendent of Police, Banaskantha District to have such structure or work summarily removed without any notice and thereupon any such structure or work shall be summarily removed.

(2) The decision of the Ambaji Pilgrimage Tourism Authority on the question as to what is development of a temporary nature shall be final.

Any expenses incurred by the Ambaji Pilgrimage Tourism Authority under section 20 or section 21 shall be a sum due to the Ambaji Pilgrimage Tourism Authority under this Act from the person in default or the owner of the land or the building.

(1) Where the Central Government or a State Government intends to carry out development of any land for any purpose of the Government or for carrying out any operational construction, the concerned Department shall inform in writing the Ambaji Pilgrimage Tourism Authority of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development or construction.

(2) Where the Ambaji Pilgrimage Tourism Authority raises any objection to the proposed development on the ground that such development is not in conformity with the provisions either of any development plan under preparation, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the concerned Department shall- (i) either make necessary modifications in the proposals for development to meet the objections raised by the Ambaji Pilgrimage Tourism Authority; or (ii) submit the proposals for development together with the objections raised by the Ambaji Pilgrimage Tourism Authority to the State Government for decision.

(3) The State Government on receipt of the proposals for development together with the objections of the Ambaji Pilgrimage Tourism Authority shall, either approve the proposals with or without modifications or direct the department to make such modifications in the proposals as it considers necessary in the circumstances.

(4) Where the Ambaji Pilgrimage Tourism Authority intends to carry out development of land for its own purpose in the exercise of its powers under any law for the time being in force, such development shall be in conformity with the development plan and of the bye-laws or regulations relating to construction of buildings.

(5) The provisions of sections 12, 13 and 14 shall not apply to developments carried out under this section.