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State of Gujarat - Section

Section 5 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973

5. Registration on erection of buildings, in slum areas.

(1)The prescribed authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the prescribed authority.
(2)Every notification issued under sub-section (1), shall cease to have effect on the expiration of two years from the date thereof except as resects things done or omitted to be done before such cesser.
(3)Every person desiring to obtain permission referred to in sub-section (1) shall make an application in writing to the prescribed authority, in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.
(4)On receipt of such application, the prescribed authority, after making such enquiry as it considers necessary shall, by order in writing:-
(a)either grant the permission subject to such terms and conditions, if any, as may be specified in the order, or
(b)refuse to grant such permission;
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(5)Nothing contained in sub-section (1) shall apply to -
(a)any works of improvement required to be executed by a notice under sub-section (1) of section 6 or in pursuance of an undertaking given under sub-section (2) of section 9; or
(b)the erection of any building in any area in respect of which a notification has been issued under section 11.
(6)Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section (4), may within such time as may be prescribed, prefer an appeal to the State Government and the State Government shall, after hearing the appellant, decide such appeal and its decision shall be final.