section 32
Lapse of permission.
The Gujarat Town Planning And Urban Development Act, 1976Chapter IV CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN
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.
- (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.
- (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.
- (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.
- (3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or conditions in the sanction.
- (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.
- (5) Any expenses incurred by the appropriate authority under sub-- section (4) shall be a sum due to the appropriate authority under this
Study data processing for this section.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.