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State of Gujarat - Section

Section 19 in The Gujarat Town Planning and Urban Development Act, 1976

19. Variation of final development plan.

(1)If on a proposal from an area development authority in that behalf or otherwise, the State Government is of the opinion that it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as variation), it shall publish in the Official Gazette,
(a)the variation proposed in the final development plan,
(b)the amendment, if any, in the regulations, and
(c)the approximate cost, if any, involved in the acquisition of land, which by virtue of the variation would be reserved for a public purpose, alongwith a notice, inviting suggestions or objections from any person with respect to the variation within a period of two months from the date of publication of the variation.
(2)After considering the suggestions or objections, if any, received under sub-section (1) within the period specified therein and after consulting the area development authority in a case where the variation is not proposed by that authority, the State Government may, by notification, sanction the variation with or without modifications, as it may consider fit to do and such variation shall come into force on such date as may be specified in the notification.
(3)From the date of coming into force of the variation, the provisions of this Act shall apply to such variation, as they apply to a final development plan.
(4)If any person who is affected by such variation has incurred any expenditure in complying with the final development plan as it existed before such variation, such person shall be entitled to receive compensation,-
(i)where the variation is made on the proposal of an area development authority, from that authority, and
(ii)in any other case, from the State Government , if such expenditure is rendered abortive by reason of the variation of the plan.