Section 70 in The Gujarat Town Planning and Urban Development Act, 1976
70. Power to vary scheme on ground of error, irregularity or informality.
(1)If after the preliminary scheme or the final scheme has come into force, the appropriate authority considers that the scheme is defective on account of an error, irregularity or informality, the appropriate authority may apply in writing to the State Government for the variation of the scheme.(2)If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial the State Government shall publish a draft of such variation in the prescribed manner.(3)The draft variation published under sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the clauses (a) to (h) of sub-section (3) of Section 40, the draft variation shall also contain such other particulars as may be prescribed.(4)The draft variation shall be open to the inspection of the public at the head office of the appropriate authority during office hours.(5)Within one month of the date of publication of the draft variation, any person affected thereby may communicate in writing his objections to such variation to the State Government through the Collector and send a copy thereof to the appropriate authority.(6)After receiving the objections under sub-section (5), the State Government may, after consulting the appropriate authority and after making such inquiry as it may think fit, by notification-(a)appoint a Town Planning Officer and thereupon the provisions of this Chapter Shall, So Far As May Be, Apply To Such Draft Variation As If It Were A Draft Scheme Sanctioned By The State Government, Or(b)make the variation with or without modification, or(c)refuse to make the variation.(7)From the date of the notification making the variation, with or without modification, such variation shall take effect as it were incorporated in the scheme.
