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State of Gujarat - Section

Section 28 in The Gujarat Town Planning and Urban Development Act, 1976

28. Permission for retention or continuance or use of any building or work or any use of land.

(1)Any person not being the Central Government or a State Government intending to retain any use of building or work constructed or carried out on any land, or to continue any use of land made, before the date on which a final development plan in respect of any development area in which such building or land is situated comes into force, which use is not in conformity with the provisions of the regulations or the final development plan shall make an application in writing to the appropriate authority for permission to retain or continue such use, containing such particulars and accompanied by such document, as may be prescribed [and by such scrutiny fees as may be prescribed by regulations] [These words were inserted, by Gujarat 3 of 1995, Section 7 (w.r.e.f. 11-01-1995).] within six months from the date on which the final development plan in respect of such development area comes into force.
(2)On and after the date on which the said period of six months expires, no person shall retain or continue any such use of building or work or land, without such permission having been obtained or contrary to the terms thereof:Provided that where such person has applied under sub-section (1) within the period of six months and no order under Section 29 has been made within that period, he shall retain or continue such use until the date of such order.