GUJARAT REGULARISATION OF UNAUTHORISED DEVELOPMENT (AMENDMENT) ACT. 2002
GUJARAT ACT NO. 10 OF 2002.
(First published, after having received the assent of the Governor in “Gujarat Government Gazette” on the 6th April, 2002).
An Act further to amend the Gujarat Regularisation of Unauthorised Development Act, 2001.
It is hereby enacted in the Fifty-third Year of the Republic of India as follows: —
Short title and commencement.
1. (1) This Act may be called the Gujarat Regularisation of Unauthorised Development (Amendment) Act. 2002.
(2) It shall be deemed to have come into force on the 25th November 2001.
Amendment of section 3 of Guj. 23 of 2001.
Guj. 23 of 2001.
2. In the Gujarat Regularisation of Unauthorised Development Act, 2001 (hereinafter referred to as “the principal Act”), in section 3, in sub-section (2), after clause (a), the following shall be inserted, namely:--
"(aa) Where an unauthorised development in urban development area or development area has been carried out at any time before the 22nd November, 2000 and the development has been wholly destroyed by the earthquake or rendered substantially and permanently unfit for the purpose of occupation due to the earthquake in the month of January. 2001 and the owner or occupier of such development intends to carry out development at the same place and with the same built up area as existed prior to such destruction, the designated authority may, not with standing any thing contained in the relevant law but having regard to the provisions of section 4, by an order allow him to carry out such unauthorised development subject to such terms and conditions as may be prescribed and may regularise the same in accordance with the provisions of this Act, as if such unauthorised development had been carried out before the 22nd November, 2000:
Provided that the designated authority, while regularising such unauthorised development shall not charge any fee prescribed in the Table”.
Amendment of section 5 of Guj.23 of 2001.
3. In the principal Act, in section 5, -
(1) (i) for sub-section (1), following shall be substituted, namely:-
“(1) (i) Any person aggrieved by the notice served upon him or notice published under sub-section (2) of section 3 may, within sixty days from the date of the receipt or, as the case may be, the publication of the notice, or
(ii) the owner or occupier aggrieved by an order made under clause (aa) of sub-section (2) of section 3, may within sixty days from the date of the order.
prefer an appeal to an Appellate Officer, who shall be a person who has held the office of District Judge for a period not less than three years and appointed in this behalf by the State Government for each City or development area:
Provided that the Appellate Officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.";
(2) in sub-section (2), after the words “the notice”, the words, letters, brackets and figures “or, as the case may be, the order made under clause (aa) of sub-section (2) of section 3” shall be inserted.
Amendment of section 9 of Guj. 23 of 2001.
4. In the principal Act, in section 9, in sub-section (2), after-clause (c), the following clause shall be inserted, namely :-
“(cc) the terms and conditions subject to which unauthorised development may be allowed to carry out and regularised under clause (aa) of sub-section (2) of section 3.”.
Repeal and savings.
Guj. Ord. 8 of 2001.
5. (1) The Gujarat Regularisation of Unauthorised Development (Amendment) (Second) Ordinance, 2001 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
