State of Gujarat - Act
Gujarat Regularization of Unauthorized Development Rules, 2012
GUJARAT
India
India
Gujarat Regularization of Unauthorized Development Rules, 2012
Act 16 of 2011
- Published on 18 February 2012
- Commenced on 18 February 2012
- [This is the version of this document from 18 February 2012.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Manner of public awareness.
4. Manner of making an application for regularization of the unauthorized development in cases where there is no breach of parking regulation and sanitary regulations.
5. Manner of making an application for regularization of the unauthorized development (i) in cases where there is a breach of only parking regulations or sanitary regulations or both or in cases where there is a breach of other regulations including the breach of parking and sanitary regulations.
6. Procedure to be followed where the parking facility cannot be provided for regularizing the unauthorized development under rule 5.
7. Procedure to be followed where the sanitary facility cannot be provided for regularizing the unauthorized development under rule 5.
8. Fire Safety Measures.
- Before making an order in Form-C1 or Form C2 as the case may be, the designated authority shall have due regard to the provisions of sub-section (3) of section 8 of the Act and accordingly shall, if required, consult the Chief Fire Officer who shall, after due inquiry, suggest the measures with regard to fire safety and on compliance of such measures by the owner or occupier, shall issue a certificate to that effect and on issuance of such certificate, if the designated authority is of the opinion that unauthorized development can be regularized in respect of other matters, pass an order in Form C-1or Form C-2 as the case may be.9. Unauthorized development made without any non-agriculture permission.
- The designated authority may in case where the unauthorized development has taken place on the land for which the non-agriculture permission under the provisions of the Gujarat Land Revenue Code 1879, was required but has not been taken, regularize such unauthorized development irrespective of the fact whether proceedings for such permission are pending or whether such permission is not taken. However, while regularizing unauthorized development on such land, the designated authority shall inform the concerned District Collector about not having obtained any such permission.10. Order to regularise or refuse to regularize.
- The designated authority shall pass the order of regularization of the unauthorised development in Form-E and if is of the opinion that the unauthorised development cannot be regularised, shall pass an order in Form-F to that effect.11. Development which cannot be regularized under section 10.
1. storage, handling or manufacture or processing of radio-active substances or of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive;
2. storage, handling, manufacture or processing of, which involves highly corrosive, toxic obnoxious alkalis, acids or other liquids, gases or chemicals producing flame, fumes, and explosive mixtures or which result in division of matter into fine particles and capable of spontaneous ignition;
(e)Construction in the land occupied by the graveyards, kabrastans, burial grounds and crematoria.12. Constitution of the committees.
- The Committees consisting of such members for parking facility as provided in clause (vi) of sub-section (1) of section 10 of the Act shall as under;| 1 | Deputy Municipal Commissioner | Chairman |
| 2 | Representative of Chief Executive Authority whois not below the rank of Class-I officer. | Member |
| 3 | Collector of the District or his representative | Member |
| 4 | Chief Town Planner or his representative | Member |
| 5 | City Engineer | Member |
| 6 | An Expert in theUrban Planning or Transport Planning.i. The Chairman shallappoint the expert possessing the qualification stated below;"A degree in civil engineering or architecture or degree ordiploma in city town planning or regional planning or transportplanning of a recognized university or institution or amembership obtained by examination of Institute of Town Plannersof India and has about fifteen years experience in relevantfield" | Member |
| 1 | Senior Town Planner of the Region of TownPlanning and valuation Department | Chairman |
| 2 | Chief Executive Authority | Member |
| 3 | Collector of the District or his representative | Member |
| 1 | Senior Town Planner of the Region of TownPlanning and valuation Department | Chairman |
| 2 | Chief Officer of concerned area developmentauthority of the Region | Member |
| 3 | Mamlatdar of concerned area of the Region | Member |
13. Infrastructure Development Funds under section 13.
- The designated authority shall credit all the fees arising on regularisation of the unauthorised development in a separate corpus fund, for which the designated authority shall maintained a separate account. Such funds shall be utilized by the designated authority for the purpose of augmentations, improvements or creation of an infrastructure facility.14. Single window system.
- For the receipt of applications or any other documents or for any other inquiry or assistance in the matter the designated authority shall make an arrangement of single window system15. Contents of an application and manner of preparing plans for regularization unauthorized development.
| Particular | Site Plan | Bldg. Plan | |
| 1 | Plot line | Thick black | Thick black |
| 2 | Existing Street | Green | ------ |
| 3 | Future Street if any/ TP or DP road line / anyother road line prescribed by the Authority. | Green dotted | ------ |
| 4 | The portion of building which is permitted or ispermissible. | Thick black dotted | ------ |
| 5 | Existing work | Blue | Blue |
| 6 | Drainage and sewerage work | Red dotted | Red dotted |
| 7 | Water supply work | Black dotted | Black dotted |
16. Liability.
| 1 | Name of the owner/s (Attach documentary prooflike the extract from the Property Register for city survey landsor an extract from the Record of Rights for Revenue lands or thecopy of the index of registered sale deed as the case may be) | : | |||
| 2 | Occupied the property since when (Attachdocumentary proof like, property tax bill of local body,electricity bill, telephone bill, ration card etc.) | : | |||
| 3 | Details of property tax last paid | : | |||
| (a) Useable Area for assessment of property tax | : | Sq. mts | |||
| (b) Year of assessment | : | ||||
| (c) Use for which the assessment is done | : | ||||
| 4 | Is this land/building included in alayout/building plan sanctioned by the appropriate authority orany other authority? If yes, date of sanction and order numbersubmit the copy of the approved plan | : | |||
| (a) Plot area : | (sq.mtrs.) | No. of units | : | ||
| (b) Details of violation; |
| Description | Unit | Actual area | Approved or Approvable as per GDCR | Violation (C-D) | |
| A | B | C | D | E | |
| i. | Ground coverage | Sq.mtr. | |||
| ii. | Built up area (excluding ground coverage) | Sq.mtr. | |||
| iii. | Height of building | Mtr. | |||
| iv. | Common plot | Sq.mtr. | |||
| v. | Change of Use (other than parking) | Sq.mtr. | |||
| Note :i. Cases where thebuilding permission has been granted earlier, in such casesdetails to be filled in column-D shall be as per the sanctionedplan only for which authentic sanctioned documents shall beenclosed which includes plans and development permission (RajaChitthi).ii. In other cases the building permission hasnot been granted details to be filled in column-D shall be asapprovable under prevailing GDCR. |
5. Required as per rule 10(3):
a. I am hereby furnishing the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________b. I shall, latest before Dated___________ furnish the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________6. Declaration : I hereby certify and declare that:
| Date :Registration No. (if issued) | Date : |
| Name and Signature of thearchitect/EngineerAddress /Phone number. | Name and Signature of the applicant / ownerAddress /Phone number. |
| I/We hereby apply for getting the unauthoriseddevelopment regularised as described in accompanying relevantdrawings along with Form D1, Form-D2 and Form-D3 . | |||
| 2 | Name of the Occupier/s | : | |
| 3 | Occupied the property since when (Attachdocumentary proof like, property tax bill of local body,electricity bill, telephone bill, ration card etc.) | : | |
| 4 | Whether Application is made for regularizationof land under section 9 of the Gujarat Regularization ofUnauthorized Development Act, 2011 (submit the copy of theapplication along with particulars and documents attached). Ifyes, then date of application submit the copy of the order. | Yes / No | |
| 5 | Details of property tax last paid | : | Sq. mtr. |
| (d) Useable Area for assessment of property tax | |||
| (e) Year of assessment | |||
| (f) Use for which the assessment is done | |||
| 6 | Is this land/building included in alayout/building plan sanctioned by the appropriate authority orany other authority? If yes, date of sanction and order numbersubmit the copy of the approved plan | : | |
| (a) Plot area : (sq.mtrs.) No. of units : | |||
| (b) Details of violation; |
| Description | Unit | Actual area | Approved or Approvable as per GDCR | Violation (C-D) | |
| A | B | C | D | E | |
| i. | Ground coverage | Sq.mtr. | |||
| ii. | Built up area (excluding ground coverage) | Sq.mtr. | |||
| iii. | Height of building | Mtr. | |||
| iv. | Common plot | Sq.mtr. | |||
| v. | Change of Use (other than parking) | Sq.mtr. | |||
| Note :iii. Cases where thebuilding permission has been granted earlier, in such casesdetails to be filled in column-D shall be as per the sanctionedplan only for which authentic sanctioned documents shall beenclosed which includes plans and development permission (RajaChitthi).iv. In other cases the building permission hasnot been granted details to be filled in column-D shall be asapprovable under prevailing GDCR. |
7. Required as per rule 10(3):
a. I am hereby furnishing the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________b. I shall, latest before Dt.___________ furnish the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________8. Declaration : I hereby certify and declare that:
| Date :Registration No. (if issued) | Date : |
| Name and Signature of thearchitect/EngineerAddress /Phone number. | Name and Signature of the applicant / ownerAddress /Phone number. |
| I/We hereby apply for getting the unauthoriseddevelopment regularised as described in accompanying relevantdrawings along with the certificate in Form D for structuralstability and Form-G | |||
| 1 | Name of the owner/s ( Attach documentary prooflike the extract from the Property Register for city survey landsor an extract from the Record of Rights for Revenue lands or thecopy of the index of registered sale deed as the case may be) | : | |
| 2 | Occupied the property since when (Attachdocumentary proof like, property tax bill of local body,electricity bill, telephone bill, ration card etc.) | : | |
| 3 | Details of property tax last paid | : | Sq. Mtrs. |
| (g) Useable Area for assessment of property tax | : | ||
| (h) Year of assessment | : | ||
| (i) Use for which the assessment is done | : | ||
| 4 | Is this land/building included in alayout/building plan sanctioned by the appropriate authority orany other authority? If yes, date of sanction and order numbersubmit the copy of the approved plan | : | |
| (a) Plot area : (sq.mtrs.) No. of units : | |||
| (b) Details of violation; |
| Description | Unit | Actual area | Approved or Approvable as per GDCR | Violation (C-D) | |
| A | B | C | D | E | |
| i. | Ground coverage | Sq.mtr. | |||
| ii. | Built up area (excluding ground coverage) | Sq.mtr. | |||
| iii. | Height of building | Mtr. | |||
| iv. | Common plot | Sq.mtr. | |||
| v. | Change of Use (other than parking) | Sq.mtr. | |||
| Note :i. Cases where thebuilding permission has been granted earlier, in such casesdetails to be filled in column-D shall be as per the sanctionedplan only for which authentic sanctioned documents shall beenclosed which includes plans and development permission (RajaChitthi).ii. In other cases the building permission hasnot been granted details to be filled in column-D shall be asapprovable under prevailing GDCR. |
| Sr No. | Description | Unit | Actual area | Required as per GDCR | Deficit area (E-D) |
| A | B | C | D | E | F |
| 1 | Parking Space | Sq.mtr. |
5. Required as per rule 10(3):
a. I am hereby furnishing the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________b. I shall, latest before Dated___________ furnish the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________6. Declaration : I hereby certify and declare that:
| Date :Registration No. (if issued) | Date : |
| Name and Signature of thearchitect/EngineerAddress /Phone number. | Name and Signature of the applicant / ownerAddress /Phone number. |
| I/We hereby apply for getting the unauthoriseddevelopment regularised as described in accompanying relevantdrawings along with the certificate in Form D for structuralstability and Form-G | |||
| 1 | Name of the Occupier/s | : | |
| 2 | Occupied the property since when (Attachdocumentary proof like, property tax bill of local body,electricity bill, telephone bill, ration card etc.) | : | |
| 3 | Whether Application is made for regularizationof land under section 9 of the Gujarat Regularization ofUnauthorized Development Act, 2011 (submit the copy of theapplication along with particulars and documents attached). Ifyes, then date of application submit the copy of the order. | : | Yes / No |
| 4 | Details of property tax last paid: | “ | Sq. mts |
| (a) Useable Area for assessment of property tax | |||
| (b) Year of assessment | |||
| (c) Use for which the assessment is done | |||
| 5 | Is this land/building included in alayout/building plan sanctioned by the appropriate authority orany other authority? If yes, date of sanction and order numbersubmit the copy of the approved plan | : | |
| (a) Plot area : (sq.mtrs.) No. of units : | |||
| (b) Details of violation; |
| Description | Unit | Actual area | Approved or Approvable as per GDCR | Violation (C-D) | |
| A | B | C | D | E | |
| i. | Ground coverage | Sq.mtr. | |||
| ii. | Built up area (excluding ground coverage) | Sq.mtr. | |||
| iii. | Height of building | Mtr. | |||
| iv. | Common plot | Sq.mtr. | |||
| v. | Change of Use (other than parking) | Sq.mtr. | |||
| Note :i. Cases where thebuilding permission has been granted earlier, in such casesdetails to be filled in column-D shall be as per the sanctionedplan only for which authentic sanctioned documents shall beenclosed which includes plans and development permission (RajaChitthi).ii. In other cases the building permission hasnot been granted details to be filled in column-D shall be asapprovable under prevailing GDCR. |
| Sr No. | Description | Unit | Actual area | Required as per GDCR | Deficit area (E-D) |
| A | B | C | D | E | F |
| 1 | Parking Space | Sq.mtr. |
6. Required as per rule 10(3):
a. I am hereby furnishing the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________b. I shall, latest before Dt.___________ furnish the NOC's/approvals, in respect to the following matters:i. ______________________________________________ii. ______________________________________________iii. _______________________________________________7. Declaration : I hereby certify and declare that:
(a)The land on which my property exists is not covered under sub-section (1) of section 8. Also my property does not attach any dues to the Government or local bodies.(b)For violation in the provision of sanitary facility, I abide to make the necessary provision as directed by authority in this regard.(c)I have submitted the plans for the portion for which I wish to get the unauthorised development regularised.(d)For that portions for which I have not submitted to regularise, I shall pull down such portions on my own.(e)I, the under signed __________________________ registered/authorized architect/Engineer, hereby certify that, while preparing the plan for the said unauthorised development, I/we have inspected the site and accordingly the plans are prepared.(f)The information submitted in the application and .documents submitted along with are true to the best of my knowledge. Also I am aware that, if found incorrect it shall lead to criminal proceedings and accordingly action shall be taken.| Date :Registration No. (if issued) | Date : |
| Name and Signature of thearchitect/EngineerAddress /Phone number. | Name and Signature of the applicant / ownerAddress /Phone number. |
| Description | Area Sq.Mt. | Rate Rs./Sq.Mt. | Amount in Rs. |
| (a) Ground Coverage, | |||
| (b) Built up area, | |||
| (c) Height of building, | |||
| (d) Change of use | |||
| Total |
| Description | Area Sq.Mt. | Rate Rs./Sq.Mt. | Amount in Rs. |
| (a) Ground Coverage, | |||
| (b) Built up area, | |||
| (c) Height of building, | |||
| (d) Change of use | |||
| (e) Parking (amount as decided by the designedauthority) | |||
| Total |
| Signature of the Owner /Occupier +withdate__________ | Signature of the Structural Engineer withdate________ |
| Name in Block Letters______________________ | Name in Block Letters______________________ |
| Address _____________________________________ | Address ____________________________________ |
| Signature of the Architect with date________ | |
| Name in Block Letters__________________ | |
| Address ________________________________________ | |
| + strike out which is notapplicable..................... |
| Signature of the Owner /Occupier +withdate__________ | Signature of the Structural Engineer withdate________ |
| Name in Block Letters______________________ | Name in Block Letters______________________ |
| Address _____________________________________ | Address ____________________________________ |
| Signature of the Architect with date________ | |
| Name in Block Letters__________________ | |
| Address ________________________________________ | |
| + strike out which is notapplicable..................... |
| Signature of the Owner /Occupier +withdate__________ | Signature of the Structural Engineer withdate________ |
| Name in Block Letters______________________ | Name in Block Letters______________________ |
| Address _____________________________________ | Address ____________________________________ |
| Signature of the Architect with date________ | |
| Name in Block Letters__________________ | |
| Address ________________________________________ | |
| + strike out which is notapplicable..................... |
| Description of unauthorised Development | Area in Sq. meter | |
| (a) | Ground Coverage | |
| (b) | Built up area | |
| (c) | Height of building | |
| (d) | Change of use from _____use to _____use) | |
| (e) | Deficit Parking space | |
| (f) | Deficit sanitary facility |