Section 49 in The Gujarat Town Planning and Urban Development Act, 1976
49. Restrictions on use and development of land after declaration of a scheme.
(1)(a)On or after the date on which a draft scheme is published under Section 41, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the appropriate authority in prescribed form [and on payment of such scrutiny fees as may be prescribed by regulations;] [These words were added and shall be deemed always to have been added by Gujarat 3 of 1995, Section 10 (w.r.e.f. 11-01-1995).](b)where an application for permission under clause (a) is received by the appropriate authority, it shall send to the applicant a written acknowledgment of its receipt and after making such inquiry as it deems fit and in consultation with the Town Planning Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose;[Provided that any such permission or condition thereto shall be in accordance with the draft Town Planning Scheme sanctioned under sub-section (2) of Section 48 and in line with the notification of the Government while according such sanction.] [Inserted by Gujarat Act No. 22 of 2017, dated 13.4.2017.](c)if the appropriate authority does not communicate its decision to the applicant within three months from the date of acknowledgments of its receipt, such permission shall be deemed to have been granted to the applicant;(d)if any person contravenes the provisions of clause (a) or of any condition imposed under clause (b), the appropriate authority may direct such person by notice in writing to stop any development in progress, and after making an inquiry in the prescribed manner remove, pull down, or alter any building or other development or restore the land or building in respect of which such contravention is made to its original condition;(e)any expenses incurred by the appropriate authority under clause (d) shall be a sum due to it under this Act from the person in default;(f)the provisions of Section 35 shall so far as may be, apply in relation to the unauthorised development or use of land included in a town planning scheme;(g)the restrictions imposed by this section shall cease to operate in 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.
