Any expenses incurred by the appropriate authority under

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

Recovery of

expenses incurred.

39. (1) Where any Department of the Central Government or a State Government intends to carry out development of any land for any purpose of the Government or for carrying out any operational construction, it shall inform in writing the appropriate authority* of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at- least thirty days before undertaking such development or construction. Development undertaken on behalf of Government and appropriate authority.

1. (2) Where the appropriate authority raises any objection to the proposed development on the ground that such development is not in conformity with the provisions either of any development plan under preparation, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the Department shall—
   • (i) either make necessary modifications in the proposals for development to meet the objections raised by the appropriate authority; or
   • (ii) submit the proposals for development together with the objections raised by the appropriate authority to the State Government for decision.
2. (3) The State Government on receipt of the proposals for development together with the objections of the appropriate authority shall, either approve the proposals with or without modifications or direct the department to make such modifications in the proposals as it considers necessary in the circumstances.
3. (4) Where an appropriate authority intends to carry out development of land for its own purpose in the exercise of its powers under any law for the time being in force, such development shall be in conformity with the development plan and of the bye-laws or regulations relating to construction of buildings.
4. (5) The provisions of sections 26, 27 and 28 shall not apply to

developments carried out under this section.

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

Part VI, dated 22 -07 -1976.