Section 8 in Gujarat Regularisation of Unauthorised Development Act, 2011
8. Cricumstances in which unauthorised development shall not be regularised.
(1)An unauthorised development shall not be regularised in a case where unauthorised development is carried out on any of the following lands, namely:-(a)land belonging to Government, local authority or statutory body;(b)land acquired or allotted by the Government, local authority or statutory body for a specific purpose;[Provided that notwithstanding anything contained in clauses (a) and (b), in case where land acquired by Government or belonging to Government, local authority or statutory body is allotted to any person at the rate as decided by the Government or is given on lease for a period of thirty years or more, the designated authority may regularise the unauthorised development on such land subject to the other provisions of the Act;] [Added by Gujarat Act No. 2 of 2013, dated 19.3.2013.](c)land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a public road;(d)land designated or reserved under a development plan or a town planning scheme;(e)lands till regularised as provided in section 9,(f)water courses and water bodies like tank beds, river beds, natural drainage and such other places;(g)areas earmarked for the purpose of obnoxious and hazardous industrial development(2)An unauthorised development shall not be regularised if it is inconsistent with -(a)fire safety measures under the relevant law, or(b)structural stability requirements as per the G D C R:Provided that subject to other provisions of this Act, on presentation of a certificate from the authority, as may be prescribed, with regard to the compliance of the provisions of clause (a) or (b) or both, as the case may be, the designated authority may regularise the unauthorised development.(3)Notwithstanding anything contained in clause (a) of sub-section (2), the designated authority may for the purpose of regularisation of unauthorised development, direct the applicant for making of provisions in the unauthorised development as follows, namely: -(a)In the case of buildings with 100 per cent. built-up area with no space for water storage tank and installation of fire pumps and no provision of alternate means of escape or no provision for fixed fire-fighting installations, the designated authority may, in consultation with the Chief Fire Officer of the municipal corporation, area development authority or, as the case may be, the urban development authority direct the applicant to provide such fire safety measures as may be specified in the direction within a period of three months from the date of such direction.(b)In the case of buildings where no space is available within the complex in which they are situated for the construction of underground water storage tanks and installation of fire pumps but adequate means of escapes are available, the designated authority may direct the applicant to provide common underground water storage tank and fire pumps in such complex at suitable location within a period of three months from the date of direction.(4)Any unauthorised development carried out or an order issued or decision taken for the matters specified in sub-section (2) of section 5, on or after the 28th March, 2011 shall not be regularized.
