The Bombay Town Planning (Gujarat Amendment and Validating Provisions) Act, 1963

This Act may be called the Bombay Town Planning (Gujarat Amendment and Validating Provisions ) Act, 1963.

1. (1) One or more local authority may make one or more town planning schemes for the area within its jurisdiction or any part thereof, regard being had to the proposals in the final development plan, if any;".

"10. (1)

1. (a) On receipt of the development plan under section 8, the State Government may, after consulting the Consulting Surveyor and within the prescribed period sanction the development plan and the regulations as so received unless any modifications therein are considered to be necessary by the State Government.
2. (b) If any modifications in the development plan or the regulations are considered to be necessary by the State Government, the State Government shall before the expiry of the period prescribed under clause
3. (a) publish the modifications in the Official Gazette along with a notice calling upon the persons affected thereby to submit to the State Government their suggestions, if any, in writing within a period of sixty days from the date of the publication of the modifications.
4. (c) After considering the suggestions, if any, received under clause (b), the State Government shall within the prescribed period finalise the modifications and sanction the development plan and the regulations with modifications so finalised.
5. (d) The sanction accorded under clause
6. (a) or clause
7. (c) shall be notified in the Official Gazette and the development plan together with the regulations so sanctioned shall be called "the final development plan".
8. (e) The final development plan shall come into force on such date as the State Government may specify in the notification issued under clause (d): Provided that the date so specified shall not be earlier than one month from the date of the publication of the notification.

1. (2) Where the development plan submitted by the local authority contains any proposals for the reservation of any land for a purpose specified in clause
   • (b) or
   • (e) of section 7 and such land does not vest in the local authority, the State Government shall not include the said purpose in the development plan unless it is satisfied that the local authority would acquire the land whether by agreement or compulsory purchase within ten years from the date on which the development plan comes into force.
2. (3) After the final development plan comes into force, the local authority may execute any work for developing, redeveloping or improving any area within its jurisdiction in accordance with the proposals contained in the development plan.

In paragraph 1 of the Schedule to the principal Act, sectim 23 shalt be re: . numbereb as sub-section

1. (I) of that section, and
2. (I) in sub-section
3. (I) as so renumbered after clause (6), the following shall be- added, namely : - "(7) damage, if any bonnfide resulting from diminution of the profits of tht land between the time of the publication of the declaration under section 6 and the time when the possession of tlre land was taken.";

1. (2) after sub-section
   • (I) as so renumbered the following shall be inserted, namely : - "(2) In addition to the market value of land, as provided in sub-section
2. (1) the Court shall in every case award a sum of fifteen per centurn on such: market value, in consideration of the compulsory nature of acquisition.". 1. Short title
   • (I) This Act may be called the Bombay Town Planning (Gujarat Extension short titlo and commsn. , and Amendment) Act, 1967. wmmt.
3. (2) It shall come into for& on such date as the State Government may, by notification in the Ojficial Gazette, appoint. 2. Amendment of section 34 of Bom. XXVII of 1955 In the Bombay Town Planning Act, 1954 (hereinafter referred to

"the principal Act"), in section 34, for the ort ti on

beginning with the words "present an appeal" and ending with the words "and decide the appeal" the following shall be substituted, namely :- "present an appeal, in the City of Ahmedabad to the Principal Judge of the Ahmedabad City Civil Court and elsewhere to the District Judge, for its dcci- sian by a Board of Appeal, constituted under section 35".

3. Amendment of section 35 of Bom. XXVII of 1955 In section 35 of the principal Act,-

1. (1) for sub-sections
2. (1) and (2), the following sub-sections shall be substituted, namely :- "(1) On receipt of an appeal under section 34, the Principal Judge of the Ahmedabad City Civil Court, or, as the case may be, the District Judge shall, as soon as may be, constitute a Board of Appeal, consisting of him- self as the President and two other fit and proper persons as Assessors, for hearing and deciding the appeal: Provided that if such Judge is personally interested in any appeal presented to him, he shall make a report to the State Government and the State Government may thereupon, in consultation with the High Court, appoint, in the City of Ahmedabad, any other Judge of the Ahmedabad City Civil Court and elsewhere, any other Judge not lower in rank than that of an Assistant Judge, to be the President of the Board of Appeal; and the Presi- dent so appointed shall then constitute the Board of Appeal consisting of himself and two Assessors as aforesaid,
3. (2) The Board of Appeal constituted under sub-section
4. (1) shall be deemed dissolved as soon as a copy of its decision in appeal is sent to the Town Planning Officer under sub-section
5. (2) of section 43.";
   • (ii) sub-sections
6. (3) and
7. (4) shall be deleted;
   • (iii) in sub-section (5), for the word, brackets and figure, "sub-section (3)" the word, brackets and figure "sub-section (1)" shall be substituted.

Variation of plan. 10A

1. (1) If on a proposal from the local authority in that behalf or otherwise the State Government is of opinion that it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as "variation") whether sanctioned before or after the commencement of the Bombay Guj. 6 Town Planning (Gujarat Amendment) Act, 1965 it shall publish in the Official of Gazette-
   • (a) the variations proposed in the development plan,
   • (b) the amendments, if any, in the regulations, and
   • (c) the approximate cost, if any, involved in the acquisition of land, which by virtue of the variation would be reserved for public purpose,- along with a notice, calling upon the persons affected thereby to submit to the State Government, their suggestions and objections if any, in writing within a period of sixty days from the date of the publication of the variation.
2. (2) After considering the suggestions and objections, if any, received under sub-section
3. (1) and consulting the Consulting Surveyor and the local authority, the State Government may by notification in the Official Gazette sanction the variation with or without modifications and such variation shall come into force from such date as may be specified in the notification.
4. (3) From the date of the publication of the notification under sub-section (2), the provisions of this Act as they apply to a final development plan shall apply to such variation.
5. (4) If any person, who is affected by such variation, has incurred any expen- diture in compliance with the final development plan as existed before such variation, such person shall be entitled to receive compensation, where the varia- tion is made on the proposal of the local authority from the local authority, and in any other case from the State Government, in so far as such expenditure is rendered abortive by reason of the variation of the plan. 1. Short title and commencement
6. (1) This Act may be called the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967.
7. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 1 of Bom. XXVII of 1955 "Amendment of section 1 of Bom. XXVII of 1955" 2. In the Bombay Town Planning Act, 1954 (hereinafter referred to as "the principal Act"), in section 1,-
   • (a) to sub-section (2), the following proviso shall be added, namely :- " Provided that on and from the date of the commencement of the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967, it shall extend to the whole of the State of Gujarat.";
   • (b) to sub-section (3), the following proviso shall be added, namely: - " Provided that in the Saurashtra area and the Kutch area of the State of Gujarat it shall come into force on the date of the commencement of the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967.". 3. Amendment of section 2 of Bom. XXVII of 1955 "Amendment of section 2 of Bom. XXVII of 1955" 3. In section 2 of the principal Act, in clause
8. (4) for the words and figures "or a municipality constituted under the Bombay Municipal Boroughs Act, 1925 or the Bombay District Municipal Act, 1901" the words and figures "or a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963" shall be substituted. 4. Amendment of section 3 of Bom. XXVII of 1955 In section 3 of the principal Act, to sub-section (I), the following proviso shall be added, namely : - " Provided that where in respect of any local authority in the Saurashtra area of the State of Gujarat a period has been fixed under section 3 of the Saurashtra Town Planning Act, 1955 and such period has not expired before the coming into force of this Act in that area, the period so fixed shall be the period within which such local authority shall carry out the survey of the area within its juris- diction and prepare and publish the development plan and submit it to the State Government for sanction.". 5. Amendment of section 49 of Bom. XXVII of 1955 In section 49 of the principal Act, the Explanation shall be renumbered as Explanation I, and,-
   • (a) in the Explanation 1 as so renumbered, for the words "For the purposes of this section", the words "For the purposes of this section, in the Bombay area of the State of Gujarat" shall be substituted;
   • (b) after Explanation 1 as so renumbered the following Explanation shall be added, namely : - "Explanation 2.-For the purposes of this section, in the Saurashtra area of the State of Gujarat a pending scheme shall mean a scheme in respect of which a declaration of its intention to make a scheme has been made by a local authority under the corresponding provisions of the Saurashtra Town Planning Act, 1955 but in respect of which final scheme has not been for- warded to the State Government for sanction under section 43 of the said Act.". 6. Amendment of section 77 of Bom. XXVII of 1955 In section 77 of the principal Act, in sub-section (I), after the words and figures "Local Authorities Loans Act, 1914" the words aud figures "or as the case may be, the Saurashtra Local Authorities Loans Act, 1951" shall be added. 7. Substitution of section 85 of Bom. XXVII of 1955 For section 85 of the prirlcipal Act, the followii~g section shall be substi- tuted, namely : - "85. Where a local authority is dissolved or superseded under any of the provisions of the Act under which it was constituted-
   • (a) a person appointed utldcr such Act to exercise the powers and perform the functions of the locaI authority shall be deemed to be a local authority under this Act, and hc may exercise all thc powers and perform all tlie duties of a local authority under this Act, during the period of his appoiotment;
   • (b) in the event of the person appointed as aforesaid exercising the powers and pcxforming the duties of a local authority under this Act, any property which may under the provisions of this Act vest in the local authority shall, during the period of the dissolution or supersession of the Iocal authority vest in the State Government, and such property, shall, at the end of the said period, vest in such local authority, as thc State Government may by notification in the Oflicicrl Gnzetlr direct.". 8. Amendment of section 87 of Bom. XXVII of 1955 In section 87 of the principal Act, after sub-section (4), the following sub-sections shall be added, namely : - "(5) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as pssible after they arc made, and shall be subject to rescissiorl by the Legislature, or to such modification as the Legislature may makc during the scssion in which they are so laid or the session immediately following.
9. (6) Any rescission or modification so made by the Stale Legislature shall be published in the Offlcinl Gnzetre and shall thereupon take effect.". 9. Insertion of section 91 in Bom. XXVII of 1955 After section 90 of the principal Act, the following new section shall be inserted, namely : - "91.
10. (1) On the date of the commencement of the Bombay Torvu Planning (Gujarat Extension and Amendment) Act, 1967, the Saurasht~a Town Planning Act, 1955 shall stand repealed.
11. (2) Notwithstanding the repeal of the Act-
    • (a) anything done or any action taken (including any appointment, order. decision, notification, rule, regulation or declaration made and any development plan prepared and published or sanctioned or any draft scheme, preliminary scheme, final scheme prepared, made or sanctioned and any permission or certificate granted, and any notice issued or served and any increment, contribution, cost or compensation calculated, determined or awarded and any Board constituted) under any provision of the Act so repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shalI continue in force until superseded by anything $one or any action taken under this Act; and accordingly any proceeding commenced under the Act so repealed and pending before any authority i~~mediately before the commencement of this Act shall be continued and be disposed of by the authority competent to dispose of such proceeding under this Act;
    • (b) the repeal shall not affect-
      • (i) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed or any penalty, forfeiture or punishment incurred in respect of any offence cpmmitted against the Act so repealed;
      • (ii) any investigation, Icgal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalfy, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed under, the corresponding provisiolis of this Act as if the right, privilege, obligation, liability, penalty, forfeiture or punishment had accrued under this Act.".

(1) (a) On receipt of the development plan under section 8, the State Government may, after consulting the Consulting Surveyor and within the prescribed period sanction the development plan and the regulations as so received unless any modifications therein are considered to be necessary by the State Government. (b) If any modifications in the development plan or the regulations are considered to be necessary by the State Government, the State Government shall before the expiry of the period prescribed under clause (a) publish the modifications in the Official Gazette along with a notice calling upon the persons affected thereby to submit to the State Government their suggestions, if any, in writing within a period of sixty days from the date of the publication of the modifications. (c) After considering the suggestions, if any, received under clause (b), the State Government shall within the prescribed period finalise the modifications and sanction the development plan and the regulations with modifications so finalised. (d) The sanction accorded under clause (a) or clause (c) shall be notified in the Official Gazette and the development plan together with the regulations so sanctioned shall be called "the final development plan". (e) The final development plan shall come into force on such date as the State Government may specify in the notification issued under clause (d): Provided that the date so specified shall not be earlier than one month from the date of the publication of the notification. (2) Where the development plan submitted by the local authority contains any proposals for the reservation of any land for a purpose specified in clause (b) or (c) of section 7 and such land does not vest in the local authority, the State Government shall not include the said purpose in the development plan unless it is satisfied that the local authority would acquire the land whether by agreement or compulsory purchase within ten years from the date on which the development plan comes into force. (3) After the final development plan comes into force, the local authority may execute any work for developing, redeveloping or improving any area within its jurisdiction in accordance with the proposals contained in the development plan.