section 14
If within the period specified in section 13 any person
The Gujarat Town Planning And Urban Development Act, 1976Chapter II DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT
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.
- (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.
- (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
- (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.
- (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.
- (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.
- (d) The sanction accorded under
1[clause (a), clause (b)] or clause
- (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.
- (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[ * * * * * ]
- (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.
- (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.
- (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.
- (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,
- (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).
- (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.
- (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,-
- (i) where the variation is made on the proposal of an area development authority, from that authority, and
- (ii) in any other case, from the State Government, if such expenditure is rendered abortive by reason of the variation of the plan.
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