Chapter V TOWN PLANNING SCHEMES.

Making and contents of a town planning scheme. 40.

1[(1) Subject to the provision of this Act or any other law for the

time being in force, the appropriate authority may make one or more town planning schemes for the development area regard being had to the proposals in the final development plan and the diections issued by a general or special order by the State Government from time to time if any.

Provided further that where any town planning scheme is not made for any specific area, adjacent to any town planning scheme the owners or the lands of such area, may make a request to the concerned authority to make a town planning scheme.]

Provided that the State Government may in this behalf direct by specific or general order to make town planning scheme to the concerned authority :

1. (2) A town planning scheme may be made in accordance with the provisions of this Act in respect of any land which is—
   • (i) in the course of development; 2[(ii) likely to be used for residential or commercial or industrial or for building purposes; or]
   • (iii) already built upon. Explanation. - For the purpose of this sub-section the expression "land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing, open spaces, roads, streets, parks, pleasure or recreation grounds, parking spaces or for the purpose of executing any work upon or under the land incidental to a town planning scheme, whether in the nature of a building work or not.
2. (3) A town planning scheme may make provision for any of the following matters, namely :—
   • (a) the laying out or relaying out of land, either vacant or already built upon;
   • (b) the filling up or reclamation of low-lying, swampy or unhealthy areas, or leveling up of land;
   • (c) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
   • (d) the construction, alteration and removal of buildings, bridges and other structures;
   • (e) the allotment or 3[earmarked] of land for roads, open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities, public purposes of all kinds;
   • (f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;
   • (g) lighting;
   • (h) water supply;
     • (i) the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;
   • (j) the reservation of land to the extent of ten per cent. or such percentage as near thereto as possible of the total area covered under the scheme, for the purpose of providing housing accommodation to the members of socially and economically backward classes of people 4[and of such other class of people as may be determined by the State Government]; 1. Sub-section (1) was substituted by Guj. 11 of 2014, s.13 (1). 2. Clause (ii) was substituted by Guj. 4 of 1986, s. 2 (a). 3. This word was substituted for the word "reservation" by Guj. 11 of 2014, s.13 (2)(a). 4. These words were added, ibid., s.13(2)(b). l [ 2[(jj) (a) allotment of land from the total area covered under the scheme, to the extent of,-
     • (i) fifteen per cent. for roads,
     • (ii) five per cent. for parks, play grounds, gardens and open space,
     • (iii) five per cent. for social infrastructure such as school, dispensary, fire brigade, public utility place as earmarked in the 3[also for industrial development, and] Draft Town Planning Scheme, and
     • (iv) fifteen per cent. for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development : Provided that the percentage of the allotment of land

specified in paragraphs (i) to (ii i) may be altered depending

upon the nature of development and for the reasons to be recorded in writing;

1. (b) the proceeds from the sale of land referred to in para (iv) of sub-clause (a) shall be used for the purpose of providing infrastructural facilities ;
2. (c) the land allotted for the purposes referred to in

paragraphs (ii) and (iii) of sub-clause (a) shall not be

changed by variation of schemes for the purposes other than public purpose;]]

1. (k) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of building allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking space and loading and unloading space for any building and the sizes or locations of projections and advertisement signs;
2. (l) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend : Provided that any suspension under this clause shall cease to operate in the event of the State Government refusing to sanction the preliminary scheme, or in the event of the withdrawal of the scheme under section 66, or on the comming into force of the final scheme;
3. (m) such other matters not inconsistent with the objects of this Act as may be prescribed. 41. (1) Before making any town planning scheme under the provisions of this Act in respect of any area, the appropriate authority in consultation with the Chief Town Planner may, by resolution, declare its intention to make such a scheme in respect of such area. Power of appropriate authority to resolve on declaration of intention to make scheme.

3. These words were substuted for the words "Draft Town Planning Scheme, and" by Guj. 11 of 2014, s. 13(2)(c).

1. (2) Within twenty-one days from the date of such declaration (hereinafter referred to as the declaration of intention to make a scheme), the appropriate authority shall publish it in the prescribed manner and shall dispatch a copy thereof along with a plan showing the area which it proposes to include in the town planning scheme to the State Government.
2. (3) A copy of the plan dispatched to the State Government under sub-section (2) shall be open to the inspection of the public during office hours at the office of the appropriate authority. Making and publication of draft scheme.

42. (1) Within

1[nine months] from the date of the declaration of intention to make a scheme under section 41, the appropriate authority shall make a draft scheme of the area in respect of which the said declaration has been made and publish the same in the Official Gazette, along with the draft regulations for carrying out the provisions of the scheme:

Provided that on application by the appropriate authority in that behalf, the State Government may, from time to time, by notification, extend the aforesaid period by such period or periods, as may be specified,

therein so however, that the period or periods so extended shall not in any

case exceed

2[three months] in the aggregate.

1. (2) If the draft scheme is not made and published by the appropriate authority within the period specified in sub-section (1) or within the

period extended under the proviso to that sub-section, an officer

appointed by the State Government may make and publish in the Official Gazette, a draft scheme for the area in respect of which the declaration of intention to make the scheme has been made

within a period of nine months from the date of the expiry of the

aforesaid period, or the extended period, as the case may be.

1. (3) If such publication is not made by the officer appointed under sub-section (2), the declaration of intention to make a scheme shall lapse and for a period of three years from the date of such declaration, it shall not be competent for the appropriate authority to declare its intention to make any town planning scheme for the said area or for any part thereof. Power of State Government to require 43. (1) Notwithstanding anything contained in sections 41 and 42, the State Government may, after making such inquiry as it deems necessary, by H-86-7 appropriate authority to make Scheme. notification, require any appropriate authority functioning within a development area to make and publish in the prescribed manner and submit for its sanction a draft scheme in respect of any area in regard to which a town planning scheme may be made.
2. (2) For the purposes of this Act and the rules made thereunder, the requisition under sub-section (1) by the State Government shall be deemed to be the declaration of intention to make a scheme under section 41.

The draft scheme shall contain the following particulars, namely:-

1. (a) the area, ownership and tenure of each original plot;
2. (b) the particulars of land allotted or reserved under clause (e) of sub-section (3) of section 40 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;
3. (c) the extent to which it is proposed to alter the boundaries of original plots;
4. (d) an estimate of the net cost of the scheme to be borne by the appropriate authority;

1. These words were substituted for the words "twelve months" by Guj. 2 of 1999, s. 13 (a).

2 These words were substituted for the words "six months" ibid.,. s. 13 (b).

1. (e) a full description of all the details of the scheme under sub- section (3) of section 40 as may be applicable;
2. (f) the laying out or relaying out of land either vacant or already built upon;
3. (g) the filling up or reclamation of low-lying, swampy or unhealthy areas or leveling up of land; and
4. (h) any other prescribed particulars. 45. (1) In the draft scheme referred to in section 44, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where the plot as already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces. Reconstitution of plots.

1. (2) For the purposes of sub-section (1), the draft scheme may contain proposals-
   • (a) to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary;
   • (b) to form a final plot from an original plot by the transfer of any adjoining lands;
   • (c) to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries;
   • (d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and
   • (e) to transfer the ownership of a plot from one person to another.
2. (3) Whereunder clause (k) of sub-section (3) of section 40, the purpose to which buildings or specified areas may not be appropriated have been specified, the buildings shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme and the person affected by the provision shall be entitled to compensation from the appropriate authority in the manner and according to the method prescribed :

Gujarat Town Planning and Urban Presi : Act No. 27 of 1976] Development Act, 1976 Sections. Page No. (ii) (iii)

1. (1) Where there is a disputed claim to the ownership of any place of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry in the record of rights or mutation relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the appropriate authority or the Town Planning Officer at any time prior to the date on which the Town Planning Officer draws up the preliminary scheme under section 51 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act. Disputed ownership.
2. (2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in a court of competent jurisdiction.
3. (3) Such decision shall, in the event of a Civil Court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the appropriate authority by the person affected by such decree. Objections to draft scheme to be considered.

any person affected by such scheme communicates in writing to the appropriate authority, any objections relating to such scheme, the appropriate authority shall consider such objections and may at any time before submitting the draft scheme to the State Government as hereinafter provided modify such scheme as it thinks fit:

1[Provided that the appropriate authority may, in such circumstances as may be prescribed and with the previous sanction of the State Government, reduce the aforesaid period of one month to fifteen days for inviting objections to the draft scheme].

Power of State Government to sanction draft scheme.

48. (1) The appropriate authority shall, within

2[three months] from the date of the publication of the draft scheme in the Official Gazette, submit the draft scheme with any modifications that may have been made therein under section 47 together with the objections which may have

been communicated to it, to the State Government for sanction.

1. (2) After receiving the draft scheme and after making such inquiry as it may think fit, the State Government may, within 3[three months] from the date of its receipt, by notification, sanction such scheme

with or without modifications or subject to such conditions as it

may thinks fit to impose or refuse to sanction it.

4[However the State Government may, if deemed fit, by notification in the official Gazette, return the scheme to the appropriate authority to carry out such modification as may be directed, including the direction to include or exclude any land in question in the scheme. The appropriate authority Shall comply with the directions of the State Government and shall, after following the procedure as laid down under sub-section (1) or sub-section (2) or both of section 42, submit the scheme within the specfied time limit to the State

Government.]

1. (3) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme shall be open for the inspection of the public. Vesting of land in appropriate authority. 5[48-A.(1) Where a draft scheme has been sanctioned by the State Government

under sub-section (2) of section 48, (hereinafter in this section, referred

to as the sanctioned draft scheme'), all lands required by the appropriate authority for the purposes specified in clauses (c), (f), (g) or

1. (h) of sub section (3) of section 40 shall vest absolutely in the appropriate authority free from all encumbrances,

1. (2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the appropriate authority under that sub-section.
2. (3) The provisions of sections 68 and 69 shall mutatis mutandis apply to the sanctioned draft scheme as if,-
   • (i) sanctioned draft scheme were a preliminary scheme, and
   • (ii) in sub-section (1) for the words "comes into force", the words, brackets and figures "the date on which the draft scheme is sanctioned under sub-section (2) of section 48" were substituted.] Restrictions on use and development of land after declaration of a scheme.

49. (1) (a) On or after the date on which a draft scheme is published under

section 41, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the appropriate authority in prescribed form

6[and on

payment of such scrutiny fees as may be prescribed by regulations;]

1. This proviso was added by Guj. 11 of 2002, s. 4. 2. These words substituted for the words "four months" by Guj. 2 of 1999, s. 14 (1) 3. These words were substituted for the words "six months", ibid., s. 14 (2). 4. This portion was added by Guj. 11 of 2014, s. 14. 5. Section 48-A was inserted, ibid., s. 15. 6. These words were added and were deemed always to have been added by Guj. 3 of 1995, s. 10.

1. (b) Where an application for permission under clause (a) is received by the appropriate authority, it shall, send to the applicant a written acknowledgment of its receipt and after making such inquiry as it deems fit and in consultation with the Town Planning Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose;
2. (c) if the appropriate authority does not communicate its decision to the applicant within three months from the date of acknowledgment of its receipt, such permission shall be deemed

to have been granted to the applicant;

1. (d) if any person contravenes the provisions of clause (a) or of any condition imposed under clause (b), the appropriate authority may direct such person by notice in writing to stop any development in progress, and after making an inquiry in the prescribed manner remove, pull down, or alter any building or other development or restore the land or building in respect of which such contravention is made to its original condition;
2. (e) any expenses incurred by the appropriate authority under clause
3. (d) shall be a sum due to it under this Act from the person in default;
4. (f) the provisions of section 35 shall so far as may be, apply in relation to the unauthorised development or use of land included in a town planning scheme;
5. (g) the restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the preliminary scheme or in the event of the withdrawal of the scheme under section 66 or in the event of the declaration of intention lapsing under sub-section (3) of section 42;
6. (h) any diminution in the value of an original plot occasioned by any contravention of the provisions of clause (a) or of any condition imposed under clause (b) shall, notwithstanding anything contained in sections 77, 78 and 79 be taken into account in fixing the market value of such plot.

1. (2) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under the sub-section (1) of section 70 except in respect of a building or work begun or contract entered into before the date on which a declaration of intention to make a scheme is published under section 41 or the publication of the draft scheme under sub-section (1) of section 42 : Provided that where any person is entitled to any compensation in respect of any building or work under this sub-section, he shall be so entitled only in so far as such building or work has proceeded at the time of the declaration of intention or publication, as the case may be, and subject to the conditions of any agreement entered into between such person and the appropriate authority.
2. (3) On and after the date referred to in clause (a) of sub-section (1), the appropriate authority intending to carry out development of land, within the area included in the scheme, for its own purpose in exercise of its powers under any law for the time being in force shall carry out such development in conformity with the provisions of such scheme, and of the bye-laws and regulations relating to construction of buildings.
3. (4) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government. Appointment of Town

48-A. Vesting of land in appropriate authority. 27

1. (1) Within one month from the date on which the sanction of the State Government to a draft scheme is notified in the Official Gazette, the State Government shall appoint a Town Planning Officer possessing such qualifications as may be prescribed, for the purpose of such scheme and provide him with such number of officers and staff as may be considered necessary and his duties shall be as hereinafter provided: 1[Provided that the State Government may, on the request made by the Appropriate Authority, appoint a Town Planning Officer within one month from the 2[date of declaration of intention] under sub-section (1) of section 42.]
2. (2) The State Government may, if it thinks fit, at any time, remove, on the ground of incompetence or misconduct or any other good and sufficient reason a Town Planning Officer appointed under this section and shall forthwith appoint another person in his place and any proceeding pending before Town Planning Officer immediately before the date of his removal shall be continued and disposed of by the new Town Planning Officer appointed in his place: Provided that no Town Planning Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him.
3. (3) Subject to the provisions of sub-section (2), a Town Planning Officer appointed under sub-section (1) for the purpose of any scheme shall cease to hold office with effect from the date on which H-86-8 the final scheme is sanctioned under section 65.

Within a period of twelve months from the date of his appointment, the Town Planning Officer shall, after following the prescribed procedure, sub-divide the town planning scheme into a preliminary scheme and a final scheme :

3[Provided that the State Government may, from time to time, by order in writing, extend the said period by such further period or periods

4[but not exceeding six months] as may be specified in the order and any such order extending the period may be made so as to have retrospective effect.].

5[Provided further that in respect of those draft town planning schemes wherein the Town Planning Officer has been appointed on or before the date of commencement of the Gujarat Town Planning and Urban Development (Amendment) Act, 2014 such period shall be extended from time to time as the State Government may by general or special order, specify, but not exceeding the period of eighteen months in aggregate from the commencement of the said Act.]. Guj. 11 of 2014. Contents of Preliminary and final

1. (1) In a preliminary scheme, the Town Planning Officer shall,-
   • (i) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for a purpose of the appropriate authority and the final plots;
   • (ii) after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons;
   • (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of section 81;
   • (iv) determine the period within which the works provided in the scheme shall be completed by the appropriate authority.
2. (2) The Town Planning Officer shall submit the preliminary scheme so prepared to the State Government for sanction and shall thereafter prepare and submit to the State Government the final scheme in accordance with the provisions of sub-section (3). 1. This Proviso was added by Guj. 2 of 1999, s. 16. 2. These words were substituted for the words "date of publication of draft scheme" by Guj. 11 of 2014, s. 15. 3. This proviso was substituted for the provisos by Guj. 22 of 2004, s. 2. 4. These words were inserted by Guj. 11 of 2014, s. 16(1). 5. This proviso was inserted, ibid., s. 16(2).
3. (3) In the final scheme, the Town Planning Officer shall,-
   • (i) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (f) of sub-section (1) of section 77;
   • (ii) determine whether the areas used, allotted or reserved for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
   • (iii) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
   • (iv) calculate the contribution to be levied under sub-section (1) of section 79, on each plot used, allotted or reserved for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
   • (v) determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;
   • (vi) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 78;
   • (vii) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 79;
   • (viii) calculate the contribution to be levied on each plot included in the final scheme;
   • (ix) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of section 79;
   • (x) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously effected by the making of the town planning scheme in accordance with the provisions of section 82;
   • (xi) draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme : Provided that the Town Planning Officer may make variation from the draft scheme, but no such variation, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the appropriate authority and any owners who may raise objections. Explanation :- (i) For the purpose of this proviso "variation of a substantial nature" means a variation which is estimated by the Town Planning Officer to involve an increase of ten percent in the costs of the scheme as is described in section 77 or rupees one lac, whichever is lower, on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Town Planning Officer.
   • (ii) If there is any difference of opinion between the Town Planning Officer and the appropriate authority as to whether a variation made by the Town Planning Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose *decision thereon shall be final. Certain decisions of

Except in matters arising out of clauses (iii), (iv), (vi), (vii), (viii), and (x) of sub-section (3) of section 52, every decision of the Town Planning Officer shall be final and binding on all persons.

1. (1) Any decision of the Town Planning Officer under clauses (iii),

(iv),(vi), (vii), (viii) and (x) of sub-section (3) of section 52 shall

forth with be communicated to the party concerned in the prescribed form and any party aggrieved by such decision may within one month from the date of communication of decision, present an appeal to the Board of Appeal constituted under section 55.

1. (2) (a) A Board of Appeal existing immediately before the commencement of the Gujarat Town Planning and Urban Development (Amendment) Act, 1999 shall continue to hear and decide appeal until the date on which the Board of Appeal is constituted (hereinafter referred to as "the said date"), by the State Government under section 55, and Guj. 2 of 1999.
   • (b) all appeals pending on the said date before any Board of Appeal shall stand transferred to the Board of Appeal so constituted.]

2[(1) (a) The State Government shall, from time to time by an order published in the Official Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 54.

1. (b) The Board of Appeal shall consist of three Members, one of whom shall be its President and two persons, possessing such qualifications and experience as may be prescribed, as assessor.
2. (c) The President shall be a person who is or has been a District Judge or a Judge of the City Civil Court, Ahmedabad.
3. (d) The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed.]

1. (2) The Board of Appeal constituted under sub-section (1) shall stand dissolved as soon as a copy of its decision in appeal is sent to the Town Planning Officer under sub-section (2) of section 62.
2. (3) The State Government may, if it thinks fit, remove for incompetence or misconduct or for any other good or sufficient reason any assessor appointed under sub-section (1).
3. (4) If any assessor is removed or dies or refuses or neglects to act or becomes incapable of acting, the authority who appointed such assessor shall appoint forthwith a fit and proper person in his place. Town Planning Officer to assist Board in advisory capacity and his remuneration. 56. (1) The Town Planning Officer shall be present at the proceedings before the Board of Appeal.

1. Section 54 was substituted for the original by Guj. 2 of 1999, s. 18.

2. Sub-section (1) was substituted for the original, ibid, s. 19.

• • See Corrigendum dated the 16-09 -1976, published in Gujarat Government Gazette, Ordinary, Part VI, dated the 22-07-1976.

1. (2) The Town Planning Officer shall not be required to give evidence in such proceedings but the President may require him to assist the Board in an advisory capacity.
2. (3) When the Town Planning Officer is required under sub-section (2) to assist the Board of Appeal, he shall, save, where he is a salaried officer of Government, be entitled to such fees as the State

The Board of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter Place where Board may sit.

before such Board.

President and all other questions shall be decided by the President and the two assessors or by a majority of them.

Decision of questions of law and other questions.

59. (1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Town Planning Officer to reconsider its proposals, or accept, modify, vary or reject the proposals of the Town Planning Officer. Powers of Board to decide matter finally.

1. (2) Every decision of the Board of Appeal shall be final and binding on all persons.

Board of Appeal to be a court.

1. (1) The assessors shall, save where they are salaried Government Officers, be entitled to such remuneration either by way of monthly salary or by way of fees or partly by way of salary and partly by way of fees, as the State Government may, from time to time, determine. Remuneration of assessors and payment of incidental expenses of Board to be added to costs of scheme.
2. (2) The salary of the President of the Board of Appeal or an assessor who is a salaried Government Officer and any remuneration payable under sub-section (1) and the fees payable to a Town Planning Officer under sub-section (3) of section 56 and all expenses, incidental to the working of the Board of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the appropriate authority and shall be added to the costs of the scheme.

62. (1) Where no appeal has been presented under section 54, in respect of a

matter arising out of clause (iii), clause (iv), clause (vi), clause (vii), clause (viii) or clause (x) of sub-section (3) of section 52, the decision of the Town Planning Officer shall be final and binding on the parties.

1. (2) the Board of Appeal shall send a copy of its decision in appeal to the Town Planning Officer who shall, if necessary, make any variation in the scheme in accordance with such decision and shall forward the final scheme together with a copy of his decision under section 53 and a copy of the decision of the Board of Appeal in appeal to the State Government for the sanction of the final scheme. Decision of Town Planning Officer to be final in certain matters and variation of scheme in view of decision in appeal. Power of Town Planning Officer to split up draft scheme into separate sections. 63. (1) After a Town Planning Officer has been appointed under section 50, the appropriate authority may apply to him to split up the draft scheme into different sections and to deal with each section separately as if such section were a separate draft scheme.
2. (2) On receipt of an application under sub-section (1), the Town Planning Officer may, after making such inquiry as he thinks fit, split up the draft scheme into sections.
3. (3) The provisions of this Act and the rules made thereunder shall, so far as may be, apply to each of such sections as it were a separate H-86-9 draft scheme. Submission of preliminary scheme to

scheme in view of decision in appeal. 33

The Town Planning Officer shall submit to the State Government for sanction the preliminary scheme also before the final scheme is submitted to the State Government under sub-section (2) of section 52, together with a copy of his decision under section 53.

Power of Government to sanction or refuse to sanction the scheme and effect of sanction. 65. (1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may-

1. (a) in the case of preliminary scheme, within a period of two months from the date of its receipt, and
2. (b) in the case of a final scheme, within a period of three months from the date of its receipt, by notification, sanction the preliminary scheme or the final scheme or refuse to give sanction, provided that in sanctioning any such scheme, the State Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.

1. (2) Where the State Government sanctions the preliminary scheme or the final scheme, it shall state in the notification-
   • (a) the place at which the scheme shall be kept open for inspection by the public, and
   • (b) a date

1[* * * *] in which all the liabilities created by

the scheme shall come into force:

Provided that the State Government may from time to time extend such date, by notification, by such period, not exceeding three months at a time, as it thinks fit.

1. (3) On and after the date fixed in such notification, the preliminary scheme or the final scheme, as the case may be, shall have effect as if it were enacted in this Act. 2[(4) The appropriate authority shall, after the preliminary scheme is section by the State Government under sub-section (2), complete the execution of such within a period of two years from the date of the sanction of such scheme, failing which the State Government may take such actions against appropriate authority as it deems fit.]

1. (1) If at any time before the preliminary scheme is forwarded by the Town Planning Officer to the State Government, a representation is made to the Town Planning Officer by the appropriate authority and a majority of the owners in the area, that the scheme should be withdrawn, the Town Planning Officer shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government. 1. The brackets and words "(which shall not be earlier than one month after the date of publication of the notification)" were deleted by Guj. 11 of 2002, s. 5.

2. Sub-section (4) was inserted by Guj. 11 of 2014, s. 17.

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

1. (2) The State Government, after making such inquiry as it may deem fit, may, if it is of opinion that it is necessary or expedient so to do, by notification, direct that the scheme shall be withdrawn and upon such withdrawal, no further proceeding shall be taken in regard to such scheme.

Effect of

Preliminary scheme.

1. (a) all lands required by the appropriate authority shall, unless it is otherwise determined in such scheme, vest absolutely in the appropriate authority free from all encumbrances;
2. (b) all rights in the original plots which have been re-constituted into final plots shall determine and the final plots shall become subject to the rights settled by the Town Planning Officer. Manner of resolution of grievances after sanctioning scheme. 1[67A. (1) In case where the final plot is allotted in joint ownership in the sanctioned preliminary or final scheme, then on application being made to the Committee by any of the joint owners, the Committee constituted under sub-section (2) shall give a notice to all the concerned and after giving them an opportunity of being heard, shall with respect to such final plot define the share of the joint holders and demarcate the area that may be allotted to each of them.

1. (2) The committee shall consist of the following members, namely:-
   • (i) the Secretary, Urban Development and Urban Housing Department, shall be the Chairman;
   • (ii) the Chief Town Planner, - Member Secretary, ex-officio; and
   • (iii) any other member, appointed by the Chairman.
2. (3) The decision of the Committee in this regard shall be deemed to be the part of the scheme sactioned under section 65.]

any person continuing to occupy any land which he is not entitled to occupy under the preliminary scheme shall, in accordance with the prescribed procedure, be summarily evicted by the appropriate authority.

Power of

appropriate authority to evict summarily.

69. (1) On and after the date on which the preliminary scheme comes into force, the appropriate authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme, Power to enforce scheme.

1. (a) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
2. (b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the appropriate authority that delay in the execution of the work would prejudice the efficient operation of the scheme.

1. (2) any expenses incurred by the appropriate authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the appropriate authority under the provisions of this Act.
2. (3) If any question arises as to whether any building or work contravenes a town planning scheme or whether any provision of a town planning scheme is not complied with in the erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.

1. Section 67A was inserted by Guj. 11 of 2014, s. 18.

1. (4) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under the provisions of this section except in respect of the building or work begun before the date referred to in sub-section (1) and only in so far as such building or work has proceeded until that date : Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the appropriate authority.
2. (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government. Power to vary scheme on ground of error, irregularity or informality. 70. (1) If after the preliminary scheme or the final scheme has come into force, the appropriate authority considers that the scheme is defective on account of an error, irregularity or informality, the appropriate authority may apply in writing to the State Government for the variation of the scheme.
3. (2) If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall publish a draft of such variation in the prescribed manner.
4. (3) The draft variation published under sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the clauses (a) to (h) of sub-section (3) of section 40, the draft variation shall also contain such other particulars as may be prescribed.
5. (4) The draft variation shall be open to the inspection of the public at the head office of the appropriate authority during office hours.
6. (5) Within one month of the date of publication of the draft variation, any person affected thereby may communicate in writing his objections to such variation to the State Government through the Collector and send a copy thereof to the appropriate authority.
7. (6) After receiving the objections under sub-section (5), the State Government may, after consulting the appropriate authority and after making such inquiry as it may think fit, by notification-
   • (a) appoint a Town Planning Officer and thereupon the provisions of this Chapter shall, so far as may be, apply to such draft variation as if it were a draft scheme sanctioned by the State Government, or
   • (b) make the variation with or without modification, or
   • (c) refuse to make the variation.
8. (7) From the date of the notification making the variation, with or without modification, such variation shall take effect as it were incorporated in the scheme. Variation of town planning scheme for land allotted for public purpose.

the appropriate authority is of the opinion that the purpose for which any land is allotted in such scheme under any of the paragraphs (ii) and

1. (iii) of sub-clause (a) of clause (jj) of sub-section (3) of section 40 requires to be changed to any other purpose specified in any of the said paragraphs, the appropriate authority may make such change after following the procedure relating to amendment of regulations, specified in section 72 as if such change were an amendment of regulations.]

another scheme.

scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provisions of this Act.

Amendment of regulations. 72. (a) If at any time after the final town planning scheme comes into force, the appropriate authority is of the opinion that the regulations

relating to a town planning scheme require to be amended, it may

publish the requisite draft amendment in the prescribed manner and invite suggestions or objections thereto from any person ;

1. Section 70A was inserted by Guj. 2 of 1999, s. 20.

1. (b) if within one month from the date of publication of the draft amendment, any person communicates in writing to the appropriate authority any suggestions or objections relating to such amendment, the appropriate authority shall consider such suggestions or objections and may, at any time before submitting the draft amendment to the State Government as hereinafter provided, modify such amendment as it thinks fit;
2. (c) the appropriate authority shall within a period of two months from the date of its publication, submit the draft amendment along with the suggestions or objections to the State Government and shall at the same time apply for its sanction ;
3. (d) after receiving such application and after making such inquiry as it may think fit, the State Government may sanction the amendment submitted with or without modifications as it deems necessary or refuse to sanction the amendment;
4. (e) if the amendment is sanctioned by the State Government, the final town planning scheme shall be deemed to have been varied in accordance with the amendment.

such scheme is varied, any person who has incurred any expenditure for the purpose of complying with such scheme shall be entitled to be compensated by the appropriate authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme. Compensation when scheme is varied.

sanction to a preliminary scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the appropriate authority or be paid to the appropriate authority by the owners concerned in such proportion as the State Government may in each case determine. Apportionment of costs of scheme with-drawn not sanctioned.

or the Board of Appeal shall be entitled to appear either in person

or by his recognized agent. Right to appear by recognized agent.

5 of 1908.

1. (1) of section 46 or the Town Planning Officer or the Board of Appeal shall have the same powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely :- Powers of civil court in respect of certain matters.
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents.