Section 3(2) in The Gujarat Regularisation of Unauthorised Development Act, 2001
(2)(a)Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law, directing removal, pulling down or alteration of unauthorised development, where in the opinion of the designated authority-(i)a person has, at any time before the 22nd November, 2000 carried out any unauthorised development in urban development area or development area, and(ii)such unauthorised development may, having regard to the provisions of section 4, be regularised.the designated authority, within such period and in such manner as may be prescribed, serve on the person a notice requiring him within such period not being less than a month as may be specified therein to comply with such requisitions made under section 4 and specified therein and to pay to the designated authority such fees [as may be prescribed by the State Government] [Substituted for 'per square metre of each category of unauthorised development as may, subject to the provisions, be determined by the designated authority and specified therein' by Gujarat 12 of 2003, dated 31s' March 2003 (w.e.f. 12-05 2003).]:[***] [Provisos deleted by Gujarat 12 of 2003, dated 31st March 2003 (w.e.f. 12-05 2003).](aa)[ Where an unauthorised development in urban development area or development area has been carried out at any time before the 22nd November, 2000 and the development has been wholly destroyed by the earthquake or rendered substantially and permanently unfit for the purpose of occupation due to the earthquake in the month of January, 2001 and the owner or occupier of such development intends to carry out development at the same place and with the same built up area as existed prior to such destruction, the designated authority may, notwithstanding anything contained in the relevant law but having regard to the provisions of section 4, by an order allow him to carry out such unauthorised development subject to such terms and conditions as may be prescribed and may regularise the same in accordance with the provisions of this Act, as if such unauthorised development had been carried out before the 22nd November, 2000. [Clause (aa) inserted by Gujarat 10 of 2002, dated 6th April 2002 (w.r.e.f 25-11 -2001)]Provided that the designated authority, while regularising such unauthorised development shall not charge any fee prescribed in the Table.](b)It shall be lawful for the designated authority to form the opinion referred in clause (a) either on the basis of information available with it or an application made to it by a person who has carried out or who owns or occupies the unauthorised development.(c)The designated authority, shall, as soon as may be, after service of notice to a person under clause (a), cause the substance thereof to be published for the information of the public, in such manner as may be prescribed.[***] [Table of Fees and Explanation deleted by Gujarat 12 of 2003, dated 31st March 2003 (w.e.f. 12-05-2003).]
