BOMBAY TOWN PLANNING (GUJARAT AMENDMENT) ACT, 1973
GUJARAT ACT NO. 30 OF 1973.
(First published after having received the assent of the Governor in the Gujarat Government Gazette on the 11th December, 1973).
An Act further to amend the Bombay Town Planning Act, 1954,
It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Bombay Town Planning (Gujarat Amendment) Act, 1973.
Amendment of section 34 of Bom. XXVII of 1955.
Bom. XXVII of 1955.
2. In the Bombay Town Planning Act, 1954 (hereinafter referred to as "the principal Act”), in section 34, for the portion beginning with the words “present an appeal" and ending with the words "and decide the appeal" the following shall be substituted, namely: —
“present an appeal, in the City of Ahmedabad to the Principal Judge of the Ahmedabad City Civil Court and elsewhere to the District Judge, for its decision by a Board of Appeal, constituted under section 35".
Amendment of section 36 of Bom. XXVII of 1955.
3. In section 35 of the principal Act,—
(i) for sub-sections (1) and (2) the following sub-sections shall be substituted namely:—
''(1) On receipt of an appeal under section 34, the Principal Judge of the Ahmedabad City Civil Court, or, as the case may be, the District Judge shall, as soon as may be, constitute a Board of Appeal, consisting of himself as the President and two other fit and proper persons as Assessors, for hearing and deciding the appeal:
Provided that if such Judge is personally interested in any appeal presented to him, he shall make a report to the State Government and the State Government may thereupon, in consultation with the High Court, appoint, in the City of Ahmedabad, any other Judge of the Ahmedabad City Civil Court and elsewhere, any other Judge not lower in rank than that of an , Assistant Judge, to be the President of the Board of Appeal; and the President so appointed shall then constitute the Board of Appeal consisting of himself and two Assessors as aforesaid.
(2) The Board of Appeal constituted under sub-section (1) shall stand dissolved as soon as a copy of its decision in appeal is sent to the Town Planning Officer under sub-section (2) of section 43.”;
(ii) sub-sections (5) and (4) shall be deleted;
(iii) in sub-section (5), for the word, brackets and figure, “sub-section (3)” the word, brackets and figure “sub-section (1)” shall be substituted. |
