If within one month from the date of publication of a draft scheme,

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