GTPUDA 48 — Power of State Government to sanction draft scheme.

Gujarat Town Planning & Urban Dev., 1976

Statutory text

(1) The appropriate authority shall, within [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.

(2) After receiving the draft scheme and after making such inquiry as it may think fit, the State Government may, within [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.[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 specified time limit to the State
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;

(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.

(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.

(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.

(4) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government.

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