Section 28 in Gujarat Special Investment Region Act, 2009
28. Control, regulation and development.
(1)The State Government may, by notification in the Official Gazette, declare the whole or any part of the Special Investment Region to be controlled area for the purposes of this Act.(2)No land within the controlled area shall, except with the permission of the Regional Development Authority, be used for purposes other than those for which it was used on the date of notification under sub-section (1).(3)No local authority or the State Government agency shall grant any permission for any development work or sanction any project including those referred to in sub-section (2) unless the Regional Development Authority has given specific approval for the same.(4)No person shall erect any building or make or extend any excavation, or lay out any means of access to a road, in the controlled area, save with the previous permission of the Regional Development Authority and in accordance with the development plan and guidelines formulated by the Regional Development Authority.(5)Any person desiring to obtain the permission referred to in subsection (4) shall make an application in writing to the Regional Development Authority in such form and containing such information as may be specified by the Regional Development Authority.(6)The Regional Development Authority may, after making due enquiry, grant such permission subject to such conditions as it deems fit or may refuse to grant the same.(7)Any person aggrieved by the decision of the Regional Development Authority under sub-section (6) may, within thirty days from the date of the decision of the Regional Development Authority, prefer an appeal against such decision to the Disputes Resolution Forum of the Apex Authority.(8)No person shall be entitled to claim compensation for any injury, loss or damage caused or alleged to have been caused by the control on the developments under this Act.(9)The Regional Development Authority may order any person who has committed a breach of the provisions of this section to stop or to restore to its original state or to bring into conformity with the conditions imposed, as the case may be, within the stipulated time period, any building or land in respect of which a contravention has been committed.(10)If such person fails to do so as directed under sub-section (9), the Regional Development Authority may itself take measures to give effect to the order and the cost of such measures shall be recovered from such person as an arrear of land revenue.(11)Nothing in this section shall apply to -(a)any building for the purposes of residence or buildings subservient to agriculture in the village site area (gamtal) of a village Panchayat, Municipal area and Municipal Corporation area;(b)the erection of a building or a wall enclosing a crematorium, graveyard, place of worship, or Samadhi on land which is, at the time of the notification under the sub-section (1), was traditionally occupied by or was used for the said purposes;(c)normal excavations (including wells) made in the ordinary course of agriculture;(d)the construction of an unmetalled road intended to give access to land solely for agricultural purposes;(e)construction or extension in an agricultural land, of a dwelling house for personal use or for storage of agricultural assets of the owner, as
