Section 6 in Gujarat Regularization of Unauthorized Development Rules, 2012
6. Procedure to be followed where the parking facility cannot be provided for regularizing the unauthorized development under rule 5.
(1)On receipt of the reply under rule 5(4), if the designated authority is of the opinion that the unauthorised development cannot be regularised since it is not feasible for the owner or the occupier to provide, with respect to the actual built-up area, the required parking facility in the unauthorized development then, the designated authority shall direct by an order in Form C-3 to provide such facility at suitable location which is within 500 meters of such unauthorized development within a period of six months from the date of the order.(2)The owner or occupier shall, as required under sub-rule (1) to provide parking facility within the stipulated time limit, give a compliance report to the designated authority giving therein the details of the place where such parking facility either is provided.(3)In case where it is not feasible for the owner or occupier to provide such parking facility fully or partly, he shall send a report to the designated authority along with necessary evidences, documents etc. with regard to the genuineness of the efforts made by him to provide such parking facility.(4)On receipt of the report stated in sub-rule (3), the designated authority shall refer the matter to the Committee constituted under sub-rule (1) of rule 11. The Committee shall process the matter as provided in rule 11 and shall suggest suitable option or options to the designated authority and the designated authority, after considering the same, pass suitable order as it deems fit to be complied with by the owner or occupier within six month a reasonable period that the designated authority deems fit.(5)On receipt of the compliance report under sub-rule (2) or after the compliance of the order made under sub-rule (4), as the case may be, the designated authority shall, if he is of the opinion that other unauthorized development can be regularized in respect of other matters, pass an order in Form C-2 requiring the owner or the occupier to pay the fees for the regularization of unauthorized development.
