Section 3 in The Gujarat Regularisation of Unauthorised Development Act, 2001
3. Regularisation of unauthorised development.
(1)(a)A notice issued to a person under the relevant law at any time before the 22nd November, 2000 requiring such person to remove or pull down or alter unauthorised development carried out, owned or occupied by him; or(b)any order issued or decision taken under the relevant law at any time before the 28th April, 2001, the date on which the Gujarat Regularisation of Unauthorised Development Ordinance, 2001 (Gujarat Ordinance 3 of 2001), was first published, directing removal or pulling down or alteration of unauthorised development carried out, owned or occupied by a person.shall-(i)in the case of (a) be deemed to have stood suspended with effect on and from the 22nd November, 2000, and(ii)in the case of (b) be deemed to have stood suspended with effect on and from the 28th April, 2001.unless and until such notice, order or decision stands revived under subsection (5).(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).](3)(a)Subject to the provisions of clause (b), upon the compliance of requisitions made under section 4 and specified in the notice, to the satisfaction of the designated authority and on the payment of fees under sub-section (2), such development shall cease to be unauthorised and a certificate to that effect shall be issued to the person by the designated authority in such form as may be prescribed.(b)(i)The designated authority shall, before receiving the fees and issuing of the certificate under clause (a), consult a committee of experts consisting of three persons, who have knowledge of and experience in structural engineering, fire fighting and town planning respectively, constituted by the designated authority, on the question as to whether the person has, while complying the requisitions complied with the fire safety measures and structural stability requirements as per the National Building Code and the Indian Standard Specifications for the time being in force and it shall be the duty of the committee to advise the designated authority on the question so referred.[Provided that the provision of this sub-clause shall not apply to the building having ground plus one floor constructed as load-bearing structure.] [Proviso inserted by Gujarat 12 of 2003, dated 31s' March 2003 (w.e.f. 12-05-2003).](ii)The Committee shall follow such procedure for disposal of its business as may be determined by the designated authority.(4)An amount deposited by a person with the municipal corporation of a city, the area development authority or, as the case may be, the urban area development authority against unauthorised development shall be set off against the fees to be paid by him under sub-section (2).(5)Where no notice is served upon a person under sub-section (2) within the period prescribed under that sub-section or where a notice is served upon a person under subsection (2) but a certificate is not obtained by him under sub-section (3) within such period as may be prescribed, the notice, order or, as the case may be, decision referred to in sub-section (1) shall stand revived.
