Chapter II DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT

AUTHORITIES

Declaration of development area. 3. (1) The State Government may, for the purpose of securing planned development of areas within the State, declare, by notification, and in such other manner as may be prescribed, any area in the State to be a development area.

1. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
2. (3) The State Government may, by notification, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area : 2[Provided further that in the case of the heritage area, the development area or urban development area declared under this Act shall be co-terminous with Heritage area]. Exclusion of whole or part of develop-ment area from operation of

1. (1) The State Government may, by notification, withdraw from the operation of the relevant provisions of this Act, the whole or part of any development area declared under section 3.
2. (2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof-
   • (a) the relevant provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred, thereunder shall cease to apply to the said area or, as the case may be, part thereof;
   • (b) the State Government shall, after consultation with the area development authority or authorities concerned, frame a scheme determining the portion of the balance of the fund of the area development authority or authorities which shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the area development authority or authorities shall be apportioned between the State Government and the local authority or authorities concerned and on the scheme being notified, the fund, properties and liabilities of the area development authority or authorities, shall vest and be apportioned accordingly. 1. Clause (xxx) was added by Guj. 2 of 1999, s. 2 (1) (ii).

2. This proviso was inserted by Guj. 28 of 2006, s. 36 (2).

5. (1) As soon as may be after the declaration of a development area under section 3, the State Government shall, by notification, constitute an authority for such area to be called the area development authority of that development area for the purpose of carrying out the functions assigned to an area development authority under this Act. Constitution of area development authority

1. (2) Every area development authority constituted under sub-section
2. (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, and to contract, and by the said name sue and be sued.
3. (3) An area development authority shall consist of the following members, namely:-
   • (i) a Chairman to be appointed by the State Government;
   • (ii) the Chief Town Planner or his representative, ex-officio; l [(iii) such persons not exceeding four from amongst the members of the local authorities functioning in the development area as may be nominated by the State Government;

(iii-a) the Presidents of the district panchayats functioning in

the development area or in any part thereof, ex-officio;]

1. (iv) two officials of the State Government to be nominated by that Government, ex-officio;
2. (v) a non-official who possesses special knowledge or practical experience in town planning, to be appointed by the State Government;
3. (vi) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the area development authority. 2[(3A) Notwithstanding anything contained in sub-section (1), the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification, constitute the area development authority or reconstitute any existing area development authority constituted under sub-section (1), for any development area declared as such under section 3, consisting of such members as it deems fit.].

1. (4) The State Government may, if it thinks fit, appoint one of the members as the Vice-Chairman of the area development authority. (5) 3[The conditions of service] of the members of an area

development authority other than ex-officio members shall be

such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the State Government may by order determine.

4[(5A) The Chairman and the members of an Area Development Authority other than ex-officio members shall hold office during the pleasure of the State Government.]

1. (6) (a) If the State Government is of opinion that any member of an area development authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the State Government may, after giving him an opportunity to be heard, remove him from office.
   • (b) Any member of the area development authority other than an ex-officio member may at any time resign his office by writing under his hand addressed to the State Government and upon the acceptance thereof, the office of such member shall become vacant. 1. Clauses (ii) and (iii-a) were substituted for Clause (iii) by Guj. 2 of 1999, s. 3. 2. Sub-section (3-A) was inserted by Guj. 16 of 2001. s. 2. 3. These words were substituted and were deemed always to have been substituted for the words "The term of office and conditions of service" by Guj. 1 of 1999, s. 3, Sch., entry No. 11(1). 4. Sub-section (5A) was inserted and was deemed always to have been inserted, ibid., entry No.11(2).
2. (7) In the event of a vacancy occurring in the office of any member of an area development authority, the vacancy shall be filled by the State Government as soon as possible after the vacancy has occurred by nomination or appointment, [as the case may be.]
3. (8) (i) An area development authority shall meet at such time and place as the Chairman may determine and may, subject to the

provisions of this sub-section, make regulations for regulating the

procedure and conduct of its business at its meetings.

1. (ii) The Chairman, and in his absence, any other member chosen by the members present from amongst themselves shall preside at a meeting of the area development authority.

(ii i) All questions at a meeting of the area development authority

shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the persons presiding shall have a casting vote.

1. (9) (i) An area development authority may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the area development authority such remuneration or fees as may be sanctioned by the State Government.
   • (ii) The person so assisting or advising the area development authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.
2. (10) Subject to the provisions of section 104, an area development authority may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.
3. (11) The officers and employees appointed under sub-section (10) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be determined by the State Government.
4. (12) The member Secretary of the area development authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.

Power to

designate a local authority 6. (1) The State Government may, instead of constituting an area development authority for a development area, designate any local

H-86-2

as area development authority. authority functioning in a development area or part thereof, as the area development authority for that development area.

1. (2) The local authority designated under sub-section (1) as the Area Development Authority shall, for the purposes of performing the functions assigned to an area development authority under this Act, set up a Planning Committee consisting of the following members, namely:- 1. These words were substituted and were deemed always to have been substituted for the portion beginning with the words "as the case may be" and ending with the words "vacancy had not occurred", by Guj. 1 of 1999, s. 3, Sch., entry 11 (3).
   • (i) six members of the local authority appointed by it out of whom one shall be designated as the Chairman;
   • (ii) the Chief Town Planner or his representative to be nominated by the State Government; l

[(iii) one official of the State Government to be nominated by the

State Government, ex-ojficio;

1. (iv) Chief Officer or, as the case may be, Secretary of the local authority.] 2[Provided that in case the local authority dose not set up the planning Committee within a period of three months from the date on which it is required to set up such Committee, then, the State Government shall appoint such Committee.]

1. (3) The Planning Committee set up under sub-section (2) shall have all the powers, responsibilities and status as are given to a Standing Committee 3[or, as the case may be, Executive committee,] if any, appointed under the Act under which the local authority is constituted.

development authority for a development area, designate the Government company as the area development authority for any development area.].

Power to designate Government company as an

1. (1) A copy of every order, resolution or decision of the appropriate authority 6[other than the Urban Development Authority] shall be sent to the Collector of the district.
2. (2) If, in the opinion of the Collector, the execution of any order, resolution or decision of an appropriate authority or the doing of anything which is about to be done or is being done by or on behalf of an appropriate authority is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawful, he may by order in writing suspend the execution or prohibit the doing thereof and where the execution of any work in pursuance of the order or resolution of an appropriate authority is already commenced or completed, direct an appropriate authority to restore the position in which it was before the commencement of such work.
3. (3) When the Collector makes any order under this section, he shall forthwith forward to an appropriate authority affected thereby a copy of the order with a statement of the reasons for making it and also submit a report to the State Government along with copies of such order and statement.
4. (4) Against the order made by the Collector under 7[sub-section (2)], the appropriate authority or any person affected thereby may prefer an appeal to the State Government within thirty days from Power of Collector to suspend execution of order, etc. of appropriate authority. the date on which it receives a copy of the order. The State Government may on such appeal rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force, with or without modification, permanently or for such period as it may specify: Provided that the order shall not be revised, modified or confirmed by the State Government without giving the appropriate authority or, as the case may be, person affected thereby reasonable opportunity of showing cause against the order]. 1 Clauses (iii) and (iv) were inserted by Guj.2 of 1999, s.4 (1). 2 This proviso was inserted by Guj. 11 of 2014, s.3. 3 These words were inserted, ibid., s.4 (2). 4 Section 6A was inserted, ibid., s.5.

5 Section 6B was inserted by Guj. 16 of 2001, s. 3.

6 These words were inserted by Guj. 11 of 2014, s.4. 7 These words, brackets and figure were substituted for the words, brackets and figure "sub-section (1)"

by Guj. 11 of 2002, s. 2.

Powers and functions of area development authority.

7. (1)

1[The powers and functions of] an area development authority shall be-

1. (i) to undertake the preparation of development plans under the provisions of this Act for the development area;
2. (ii) to undertake the preparation 2[and execution] of town planning schemes under the provisions of this Act, if so directed by the State Government; (ii i) to carry out surveys in the development area for the preparation of development plans or town planning schemes;
3. (iv) to control the development activities in accordance with the development plan in the development area; 3[(iv-a) to levy and collect such scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development as may be prescribed by regulations;]
4. (v) to enter into contracts, agreements or arrangements with any person or organization as the area development authority may deem necessary for performing its functions;
5. (vi) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;
6. (vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities; 4[(vii-a) to levy and collect such fees for the execution of works referred to in clause (vii) and for provision of other services and amenities as may be prescribed by regulations;]
7. (viii) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the State Government.

1. (2) The area development authority may, with the approval of the State Government, delegate 5[any of its powers and functions] to the local authority or authorities within its jurisdiction.
2. (3) The area development authority shall have its office at such place as the State Government may specify in this behalf. Expenses of area development authority.

8. (1) The State Government shall, by an order in writing, determine the

amount which a local authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in such installments as may be specified in the order, towards the expenses incurred by an area development authority in the discharge of its functions.

1. These words were substituted for the words "The function of “ by Guj. 3 of 1995, s.2 (1) (a). 2. These words were inserted by Guj. 2 of 1999, s.6. 3. Clause (iv-a) was inserted by Guj, 3 of 1995, s. 2(1) (b). 4. Clause (vii-a) was inserted, ibid., s.2 (1) (c).

5. These words were substituted for the words “any of its functions”, ibid. s.2 (2).

1. (2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the area development authority concerned the amount of contribution specified in the order in the manner indicated therein and if the local authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the area development authority, recover it from the local authority as arrears of land revenue and pay it to the area development authority.

9. (1) As soon as may be after the constitution of an area development

authority for any development area under section 5

1[or designation of a local authority as the area development authority under sub-section (1) of section 6,] the area development authority shall, not later than three years after the declaration of such area as a development area or within such time as the State Government may, from time to time, extend, prepare and submit to the State Government a draft development plan for the whole or any part of the development area in accordance with the provisions of this Act. Development plan.

1. (2) If a draft development plan is not prepared and submitted to the State Government by any area development authority within the period specified in sub-section (1) or within the period extended under that sub- section, an officer appointed by the State

Government in this behalf may prepare and submit to the State

Government in the prescribed manner a draft development plan and recover the cost thereof from such area development authority out of its funds.

in respect of any area shall be kept open for inspection by the public during office hours at the head office of the area development authority, or as the case may be, at the office of the authorized officer. Copy of draft development plan to be open for public inspection.

eighty metres to a centimetres and shall show in distinguishing prescribed colours the area or sites and the uses to which they are proposed to be put. Manner of preparation of draft development plan. Guj. 18 of 2008

12. (1) A draft development

2[which would be in conformity with the development plan under the provisions of the Gujarat Metropolitan Planning Committee Act, 2008] shall be inserted; Contents of draft development plan.

plan shall generally indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in which the development therein shall be carried out.

1. (2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely :-
   • (a) proposals for designating the use of the land for residential, industrial, commercial, 3[educational agricultural and recreational purpose;

4[or such other

purposes]

1. (b) proposals for the reservation of land for public purposes, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, public assembly, museums, art galleries, religious buildings, play-grounds, stadiums, open spaces, dairies and for such other purposes as may, from time to time, be specified by the State Government;

1. These words, brackets and figures were inserted by Guj. 3 of 1995, s. 3.

2. These words, were inserted by Guj. 11 of 2014, s. 5(1).

3. These words, were inserted ibid., s. 5(2)(i)(a).

4. These words, were inserted ibid., s. 5(2)(i)(b).

1. (c) proposals for designation of areas for zoological gardens, green belts, natural reserves 1[water body, water course] and sanctuaries;
2. (d) transport and communications, such as roads, highways, parkways, railways, waterways, canals and airport, including their extension and development;
3. (e) proposals for water supply, drainage, sewage disposal, other public utility amenities and services including supply of electricity and gas;
4. (f) reservation of land for community facilities and services;
5. (g) proposals for designation of sites for service industries, industrial estates and any other industrial development on an extensive scales;
6. (h) preservation, conservation and development of areas of natural scenery and landscape 2[and of heritage buldings and heritage precincts;]
   • (i) preservation of features, structures or places of historical, natural, architectural or scientific interest and of educational value;
7. (j) proposals for food control and prevention of river pollution;
8. (k) proposals for the reservation of land for the purposes of Union, any State, local authority or any other authority or body established by or under any law for the time being in force;
9. (l) the filling up or reclamation of low lying, swampy or unhealthy areas or leveling up of land;
10. (m) provision for controlling and regulating the use and development of land within the development area, 3[including imposition of charges at such rate as may be provide for grant of Floor Space Index (FSI) or height, and also imposition of] conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of H-86-3 buildings and density of built up area allowed in specified area, the use and purposes to which a building or specified areas of land may or may not be appropriated, the sub-divisions of plots, the discontinuance of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this Act;
11. (n) provision for preventing or removing pollution of water or air caused by the discharge of waste or other means as a result of the use of land;
12. (o) such other proposals for public or other purposes as may from time to time be approved by the area development authority or as may be directed by the State Government in this behalf. Publication of draft development plan. 13. (1) The area development authority or, as the case may be, the authorized officer shall, as soon as may be, after a draft development plan is prepared and submitted to the State Government under section 9, publish it in the Official Gazette and in such other manner as may be prescribed along with a notice in the prescribed manner, inviting suggestions or objections from any person with respect to the development plan within a period of two months from the date of its publication. 1. These words, were inserted by Guj. 11 of 2014, s. 5(2)(ii). 2. These words, were inserted ibid., s.5(2)(iii). 3. These words were substituted and were deemed to have always been substituted with effecet from 18 th may, 2002, ibid., s.5 (2) (iv).

1. (2) The following particulars shall be published along with the draft development plan, namely :-
   • (a) a statement indicating broadly the uses to which lands in the area covered by the plan are proposed to be put and any survey carried out for the preparation of the draft development plan;
   • (b) maps, charts and statements explaining the provisions of the draft development plan;
   • (c) the draft regulations for enforcing the provisions of the draft development plan;
   • (d) procedure explaining the manner in which permission for developing any land may be obtained from the area development authority or, as the case may be, the authorized officer;
   • (e) a statement of the stage of development by which it is proposed to meet any obligation imposed on the area development authority by the draft development plan;
   • (f) an approximate estimate of the cost involved in acquisition of land reserved for public purposes.

communicates in writing to the area development authority, or, as the case may be, to the authorized officer any suggestions or objections relating to the draft development plan, the said authority or officer shall consider such suggestions or objections Suggestions or objections to draft development plan to be considered.

and

1[then shall submit the same to the state Government alongwith his or its opinion on such objections or suggestions.] Modifications made after publication of draft development plan. 15.

2[ * * * ]

16. (1) After a draft development plan is published as aforesaid and the objections or suggestions thereto, if any, are received, the area development authority or, as the case may be, the authorized officer shall, within a period of six months from the date of publication of the draft development plan under section 13, submit to the State Government, for its sanction the draft development plan and the regulations:

3[ * * * ] Submission of draft development plan to the State Government for sanction.

Provided that the State Government may, on an application by the area development authority or the authorised officer, by order in writing, extend from time to time, the said period by such further period or periods as may be specified in the order, so however, that the period or periods so extended shall not, in any case, exceed twelve months in the aggregate.

1. (2) The particulars published under sub-section (2) of section 13, and the suggestions or objections received under section 14, 4[ *
   • • * ] shall also be submitted to the State Government, along with the draft development plan. 1. These words, were substituted by Guj. 11 of 2014, s. 6. 2. Section 15 was deleted, ibid., s.7. 3. These words and figures were deleted, ibid., s.8 (1). 4. These words and figures were deleted, ibid., s.8 (2). Power of State Government to sanction draft development plan.

1. (i) sanction the draft development plan and the regulations so received, within the prescribed period, for the whole of the area covered by the plan or separately for any part thereof, either without modifications, or subject to such modifications, as it may consider proper; or
2. (ii) return the draft development plan and the regulations to the area development authority or, as the case may

Provided that, where the State Government is of opinion that substantial modifications in the draft development plan and regulations are necessary, the State Government may, instead of returning them to the area development authority or, as the case may be, the authorised officer under this sub-clause, publish the modifications so considered necessary in the Official Gazette along with a notice in the prescribed manner inviting suggestions or objections from any person with respect to the proposed modifications within a period of two months from the date of publication of such notice; or

(ii i) refuse to accord sanction to the draft development plan

and the regulations and direct the area development authority or the authorised officer to prepare a fresh development plan under the provisions of this Act.

1. (b) Where a development plan and regulations are returned to an area development authority, or, as the case may be, the authorised officer under sub-clause (ii) of clause (a), the area development authority, or, as the case may be, the authorised

officer, shall carry out the modifications therein as directed

by the State Government and then submit them as so modified to the State Government for sanction; and the State Government shall thereupon sanction them after satisfying itself that the modification suggested have been duly carried out therein.

1. (c) Where the State Government has published the modification considered necessary in a draft development plan as required

under the proviso to sub-clause (ii) of clause (a), the State

Government shall, before according sanction to the draft development plan and the regulations, take into consideration the suggestions or objections that may have been received thereto, and thereafter accord sanction to the drafts development plan and the regulations in such modified form as it may consider fit.

1. (d) The sanction accorded under

1[clause (a), clause (b)] or clause

1. (c) shall be notified by the State Government in the Official Gazette and the draft development plan together with the regulations so sanctioned shall be called the final development plan.
2. (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).

1. These words, brackets and letters were substituted for the word, brackets and letter "clause (b) "

by Guj. 2 of 1999, s. 7 (1).

1[ * * * * * ]

1. (2) Where the draft development plan submitted by an area development authority or, as the case may be, the authorised officer contains any proposals for the reservation of any land for a purpose specified in clause (b) or 2[clause (n) or clause (o)] of sub-section (2) of section 12 and such land does not vest in the area development authority, the State Government shall not include the said reservation in the development plan, unless it is satisfied that such authority would acquire the land, whether by agreement or compulsory acquisition, within ten years from the date on which the final development plan comes into force.
2. (3) A final development plan which has come into force shall, subject to the provisions of this Act, be binding on the area development authority concerned and on all other authorities situated in the area of the development plan.
3. (4) After the final development plan comes into force, the area development authority concerned may execute any work for developing, re-developing or improving any area within the area covered by the plan in accordance with the proposals contained in the development plan. 18. (1) If at any time after a development plan prepared for any area has been sanction, the State Government is of opinion that it is necessary to extend or reduce the limits of such area, it may, by Extension or reduction of development notification, extended or reduce the limits of such area and direct the area development authority to prepare, publish and submit to the State Government for sanction within the period specified by the State Government in this behalf, a draft development plan for the extended area or, as the case may be, the proposals for the withdrawal of the plan from the reduced area after following the procedure prescribed under this Act for the preparation, publication, and sanction of a development plan. plan.
4. (2) The draft development plan or the proposals for the withdrawal of a plan to be prepared under sub-section (1) may contain proposals for modifying the development plan already sanctioned, if such modifications are found absolutely necessary as a consequence of the extension, or, as the case may be, reduction of the area covered by the development plan in the interest of a rational development of the area as so extended or reduced. 19. (I) If on a proposal from an area development 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), it shall publish in the Official Gazette, Variation of final development plan.
   • (a) the variation proposed in the final development plan,
   • (b) the amendment, 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 a public purpose,

1. (2) After considering the suggestions or objections, if any, received under sub-section (1) within the period specified therein and after consulting the area development authority in a case where the variation is not proposed by that authority, the State Government may, by notification, sanction the variation with or without modifications, as it may consider fit to do and such variation shall come into force on such date as may be specified in the notification. 1. This proviso was deleted by Guj. 11 of 2002, s. 3. 2. These words, brackets and letters were substituted for the word, brackets and letter "clause (n)" by Guj. 2 of 1999, s. 7 (2).
2. (3) From the date of coming into force of the variation, the provisions of this Act shall apply to such variation, as they apply to a final development plan.
3. (4) If any person who is affected by such variation has incurred any

expenditure in complying with the final development plan as it

existed before such variation, such person shall be entitled to received compensation,-

1. (i) where the variation is made on the proposal of an area development authority, from that authority, and
2. (ii) in any other case, from the State Government, if such expenditure is rendered abortive by reason of the variation of the plan.

1[(1) The area development authority or any other authority for whose purpose land is designated in the final development plan for any purpose specified in clause (b), clause (d) clause (f), clause (k), clause (n) or clause (o) of sub-section (2) of section 12, may acquire the land,-

1. (a) by an agreement, or;
2. (b) in lieu of any development right by granting the owner H-86-4 against the area of land surrendered free of cost and free form all encumbrances;
3. (c) under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.]

30 of 2013.

1. (2) If the land referred to in sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the Land Acquisition Act, 1894 are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months from the date of service of such notice the land is not acquired or no steps are commenced for its acquisition, the designation of the land as aforesaid shall be deemed to have lapsed. I of 1894 Revision of development plan.

final development plan comes into force, the area development authority shall revise the development plan after carrying out, if necessary, a fresh survey and the provisions of sections 9 to 20, shall, so far as may be, apply to such revision.