Section 4 in The Gujarat Regularisation of Unauthorised Development Act, 2001
4. Circumstances in which unauthorised development may or may not be regularised.
(1)An unauthorised development shall not be regularised under sub-section (2) of section 3 in the case where unauthorised development is carried out on any of the following lands, namely:-(i)land belonging to Government, local authority or statutory body or land in respect of which a dispute exists in relation to its title or tenure,(ii)land allotted by the Government, local authority or statutory body for a specific purpose,(iii)land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a public road or an internal road, of approved lay out,(iv)land designated or reserved under a development plan or a town planning scheme,(v)water courses and water bodies like tank beds, river beds, natural drainage and such other places,(vi)areas earmarked for the purpose of obnoxious and hazardous industrial development.(2)Unauthorised development may not be regularised if it is inconsistent with-(a)any law other than the Bombay Provincial Municipal Corporations Act, 1949 (Bombay L1X of 1949), and the Gujarat Town Planning and Urban Development Act, 1976 President's Act NO. 27 of 1976), and any rules, bye-laws, regulations, standing orders or orders made thereunder (hereinafter in clause (b) referred to as "the relevant laws") for the time being in force relating to control or regulation of development,(b)fire safety measures under the relevant law, and(c)structural stability requirements as per the National Building Code and the Indian Standard Specifications (prescribed by the Bureau of Indian Standards) for the time being in force:Provided that a certificate from the structural engineer authorised by the designated authority certifying compliance of provisions of clause (c) is obtained and submitted to that authority.(3)(a)The designated authority may regularise any unauthorised development in respect of the following matters, namely:-(i)Margins and setbacks,(ii)Floor space index,(iii)Covered projection,(iv)Change of use,(v)A common plot and a consolidated open plot,(vi)Height of a building(b)The designated authority may regularise any unauthorised development in so far as parking and sanitary facilities are connected subject to the following conditions, namely:-(i)A person shall provide such necessary parking facilities in unauthorised development and where it is not so feasible, within such distance not exceeding five hundred metres from the unauthorised development as directed by the designated authority within a period of six months from such direction:Provided that the designated authority may permit provision of parking facilities at a common place by more than one person.[Provided further that in case where it is not feasible to provide the parking facilities as mentioned above, the designated authorities may charge parking creation fee, as may be decided by the designated authority and facilitate in providing the required facilities or may provide for the same on the basis of build, own, operate and transfer on behalf of the defaulters.] [Proviso inserted by Gujarat 12 of 2003, dated 31st March 2003 (w.e.f. 12-05-2003).](ii)A person shall provide such necessary sanitary facilities in unauthorised development as directed by the designated authority within a period of three months from such direction.(4)Notwithstanding anything contained in clause (b) of sub-section (2), the designated authority may for the purpose of regularisation direct 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, direct the person 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 person 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.(c)In the case of high-rise buildings having the height of fifteen metres or exceeding fifteen metres, the designated authority may permit a person to install diesel-generating set instead of electric supply to the main fire pump within a period of three months.
