Chapter IV CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN

On or after the date on which a draft development plan is published in the Official Gazette under section 13 in respect of any development area, no person shall carry on any development in any building or in or over any land, within the limits of the said area without the permission in writing of the appropriate authority and without obtaining certificate from the appropriate authority to the effect that development charge

1[and scrutiny fees] as leviable under this Act has been paid or that no such charge

1[and scrutiny fees] is leviable : Restriction on development after publication of draft development plan. Provided that no such permission shall be necessary-

1. (i) for the carrying out of any work for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof;
2. (ii) for the carrying out of any work in compliance with any order or direction made by any authority under any law for the time being in force;
3. (iii) for the carrying out of any works by any authority in exercise or its powers under any law for the time being in force;
4. (iv) for the carrying out of-

1. (a) any operational construction undertaken by the Central Government or a State Government;
2. (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; 1. These words were inserted by Guj. 3 of 1995, s. 5.
   • (v) for any excavation, including excavation of wells made in the ordinary course of an agricultural operation;
   • (vi) for the construction of a road intended to give access to H-86-5 land solely for agricultural purposes;
   • (vii) for the normal use of land which has been used temporarily for other purposes;
   • (viii) 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 on occasions;
   • (ix) for use, for any purpose incidental to the use of a building for human habitation or any other building or land attached to such building. Application of permission for development.

Government, intending to carry out any development in any building or in or over any land within the limits of a development area on or after the date referred to in section 26, shall, except where such development is for any of the purposes specified in the proviso to that section, make an application in writing to the appropriate authority for permission for such development in such form and containing such particulars and accompanied by such documents as may be prescribed,

1[and by such scrutiny fees as may be prescribed by regulations].

Permission for retention or continuance of use of any building or work or any use of land. 28. (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 land made, before the date on which a final development plan in respect of any development area in which such building or land is situated comes into force, which use is not in conformity with the provisions of the regulations or the final development plan shall make an application in writing to the appropriate authority for permission to retain or continue such use, containing such particulars and accompanied by such documents, as may be prescribed,

2[and by such scrutiny fees as may be prescribed by regulations], within six months from the date on which the final development plan in respect of such development area comes into force.

1. (2) On and 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 the period of six months and no order under section 29 has been made within that period, he shall retain or continue such use until the date of such order. Grant or refusal of permission. 29. (1) On receipt of an application under section 27 or section 28, the appropriate authority shall furnish the applicant with a written acknowledgment of its receipt and after satisfying itself that the development charge 3[and scrutiny fees,] 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 orders made by the State Government in this behalf; or
   • (iii) refuse to grant the permission. 1. These words were and were deemed always to have been added by Guj. 3 of 1995, s. 6.

2. These words were and were deemed always to have been inserted, ibid., s. 7.

3. These words were inserted , ibid., s. 8.

1. (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.
2. (3) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
3. (4) If the appropriate 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.
4. (5) 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 27 or section 28 or of any permission granted under sub-section (1) of this section, the appropriate 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.
5. (6) Any expenses incurred by the appropriate authority under sub- section (5) shall be a sum due to the appropriate authority under this Act from the person in default.

for the retention or continuance of use of land shall include the power to grant permission for the retention on land of any building or work constructed or carried out thereon before the date of publication of the draft development plan under section 13 or for the continuance of any use of land instituted before that date. Supplementary provision as to grant of permission.

31. (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 28 is refused or is granted subject to any conditions, then, if any owner of the land claims- Obligation to purchase land on refusal of permission or grant of permission in certain cases.

1. (a) in a case where permission for such use is refused, that the land has become incapable of reasonable beneficial use in its existing state;
2. (b) in a case where permission for such use is granted subject to conditions, that the land cannot be rendered capable of reasonable beneficial use by carrying out the conditions of the permissions, he may, within the time and in the manner prescribed by regulations made by the appropriate authority, serve on the appropriate authority a notice (hereinafter referred to as a purchase notice) requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this section.

1. (2) Where a purchase notice is served on the appropriate authority under this section, the appropriate authority shall forthwith transmit a copy of the notice to the State Government and the State Government shall, if it is satisfied that the condition specified in clause (a) or clause (b) of sub-section (1), as the case may be, is fulfilled, confirm the notice and thereupon the appropriate authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of this Act, and to serve on the owner a notice for acquiring his interest in such land on such date as the State Government may direct.
2. (3) If within the period of six months from the date on which the purchase notice is served under this section, the State Government has not confirmed the notice, the notice shall be deemed to be confirmed at the expiration of that period and the appropriate authority on which the notice was served shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of this Act, at the expiration of the said period.

Every permission granted or deemed to have been granted under section 29 shall remain in force for a period of one year from the date of such grant and thereafter it shall lapse:

Provided that, the appropriate authority may, on application made to it, from time to time, extend such period by a further period or periods 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.

Power of re-vocation and modification of permission to development. 33. (1) If it appears to the appropriate 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 29 should be revoked or modified, the appropriate authority may, after giving the person concerned an opportunity of being heard, by 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.

1. (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 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 appropriate authority shall, after giving the owner a reasonable opportunity of being heard, assess and offer such compensation to the owner as it thinks fit.
2. (3) If the owner does not accept the compensation and give notice within such time as may be prescribed of his refusal to accept the compensation, the appropriate authority shall refer the matter, in the City of Ahmedabad, to the Principal Judge of the City Civil Court, Ahmedabad, and elsewhere to the District Judge and the decision of such Judge shall be final and binding on the owner and appropriate authority. Sanction for sub-division of plot or lay-out of private 34. (1) Every person who intends to sub-divide his plot or make or layout a private street on such plot on or after the date of the publication of the draft development plan in the Official Gazette under section 13 shall submit the intended layout plan for such purpose together street.

with the prescribed particulars

1[and with such scrutiny fees as may be prescribed by regulations] to the appropriate authority for sanction.

1. These words were inserted and were deemed to always to have been inserted by Guj. 3 of 1995, s. 9.

1. (2) The appropriate authority may, within the prescribed period, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the appropriate authority is of opinion that such division or laying out of street is not in any way consistent with the proposals of the development plan.
2. (3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or conditions in the sanction.
3. (4) If any person does any work in contravention of sub-section (1), or in contravention of the modifications or conditions in any sanction given under sub-section (2), or inspite of refusal of sanction under the said sub-section (2), the appropriate authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner remove or pull down any work or restore the land to its original condition.
4. (5) Any expenses incurred by the appropriate authority under sub-- section (4) shall be a sum due to the appropriate authority under this

1. (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 the permission required under section 27; or
   • (b) which is not in accordance with any permission granted or is in contravention of any condition subject to which such

permission has been granted;

1. (c) after such permission has been duly revoked; or
2. (d) in contravention of any modification made in such permission, shall, on conviction, be punished with fine which may extend to 1[fifty thousand rupees,] and in the case of a continuing offence with a further fine which may extend to 1[one thousand rupees] for every day during which the offence continues after conviction for the first offence. Penalty for unauthorised development or use or continuance or retention of the use without permission.

1. (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 without being allowed to do so under section 29 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 without complying 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 2[ten thousand rupees] and in the case of a continuing offence, with a further fine which may extend to 2[one thousand rupees] for every day during which such offence continues after conviction for the first offence. 36. (1) Where any development has been carried out in any of the circumstances referred to in sub-section (1) of section 35, or any Power to require removal of use of land or building or work is continued so as to constitute an offence punishable under sub-section (2) of that section, the appropriate authority may, subject to the provisions of this section and 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, to take such steps as may be specified in the notice,— unauthorised development or use. 1. These words were substituted by Guj. 11 of 2014, s.11 (1). 2. These words were substituted ibid., s.11 (2).
   • (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 35;
   • (b) to secure compliance with the conditions or with the permission as modified, as the case may be, in cases

specified in clause (b) or clause (d) of sub-section (1) of

section 35;

1. (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 appropriate authority shall also serve a notice on the occupier.

1. (2) The steps that may be specified in 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.
2. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply to the appropriate authority for withdrawal of the notice.
3. (4) If, after hearing the applicant, the appropriate authority directs that the notice shall be withdrawn as respects any of the matters specified therein in relation to any building, or work or land, the notice shall stand withdrawn to that extent and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects the other matters and as respects the building, work or the land with respect to which the notice may not have been withdrawn.
4. (5) If within the period specified in the notice under sub-section (1), or, as the case may be, within such period as may be prescribed, after disposal of the application under sub-section (4), the notice or so much of it as stands is not complied with, the appropriate authority may,
   • (a) prosecute the owner for not complying with the notice and, where the notice requires the discontinuance of any use of land or building any other person also who uses the land or building or causes or permits the land or building to be used in contravention of the notice; and
   • (b) where the notice requires the demolition or alteration of any building or work or the carrying out of any building or other operations, itself cause 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 by taking such steps as the H-86-6 appropriate authority may consider necessary, including demolition or alteration of any building or work or carrying out of any building or other operations, and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
5. (6) Any person prosecuted under clause (a) of sub-section (5) shall, on conviction, be punished with fine which may extend to 1[fifty thousand rupees] and in the case of a continuing offence, with a further fine which may extend to 1[one thousand rupees] for every day during which such offence continues after conviction for the first offence. 1. These words were substituted by Guj. 11 of 2014, s.12. 37. (1) Notwithstanding anything hereinbefore 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 35, so as to constitute an offence punishable under that section, the appropriate authority may, by order in writing, direct such person to remove any structure or work erected within fifteen days of the receipt of the order, and if thereafter, the person does not comply with the order, the appropriate authority may request the Commissioner of Police in the City of Ahmedabad and the District Magistrate elsewhere, to have such structure or work summarily removed without any notice as directed in the order, and thereupon any such structure or work shall be summarily removed without any order as aforesaid being made.

Removal of

unauthorised, temporary development summarily.

1. (2) The decision of the appropriate authority on the question as to what is development of a temporary nature shall be final.

section 36 or section 37 shall be a sum due to the appropriate authority under this Act from the person in default or the owner of the land, building or land concerned.

Recovery of

expenses incurred.

39. (1) Where any Department of 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, it shall inform in writing the appropriate 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. Development undertaken on behalf of Government and appropriate authority.

1. (2) Where the appropriate 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 Department shall—
   • (i) either make necessary modifications in the proposals for development to meet the objections raised by the appropriate authority; or
   • (ii) submit the proposals for development together with the objections raised by the appropriate authority to the State Government for decision.
2. (3) The State Government on receipt of the proposals for development together with the objections of the appropriate 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.
3. (4) Where an appropriate 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.
4. (5) The provisions of sections 26, 27 and 28 shall not apply to

developments carried out under this section.

• • See corrigendum, dated the 16-07-1976, published in Gujarat Government Gazette, Ordinary,

Part VI, dated 22 -07 -1976.