GTPUDA 31 — Obligation to purchase land on refusal of permission or grant of permission in certain cases.

Gujarat Town Planning & Urban Dev., 1976

Statutory text

(1) Where permission for the retention or continuance or retention of use of building or work or land of the kind referred to in section 28 is refused or is granted subject to any conditions, then, if any owner of the land claims—

(a) in a case where permission for such use is refused, that the land has become incapable of reasonable beneficial use in its existing state;

(b) in a case where permission for such use is granted subject to conditions, that the land cannot be rendered capable of reasonable beneficial use by carrying out the conditions of the permissions,

he may, within the time and in the manner prescribed by regulations made by the appropriate authority, serve on the appropriate authority a notice (hereinafter referred to as a purchase notice) requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this section.

(2) Where a purchase notice is served on the appropriate authority under this section, the appropriate authority shall forthwith transmit a copy of the notice to the State Government and the State Government shall, if it is satisfied that the condition specified in clause (a) or clause (b) of sub-section (1), as the case may be, is fulfilled, confirm the notice and thereupon the appropriate authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of this Act, and to serve on the owner a notice for such acquisition.

Back to GTPUDA