Section 45 in The Gujarat Town Planning and Urban Development Act, 1976
45. Reconstitution of plots.
(1)In the draft scheme referred to in Section 44, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where the plot as already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces.(2)For the purposes of sub-section (1), the draft scheme may contain proposals-(a)to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary;(b)to form a final plot from an original plot by the transfer of any adjoining lands;(c)to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries;(d)to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and(e)to transfer the ownership of a plot from one person to another.(3)Whereunder clause (k) of sub-section (3) of Section 40, the purpose to which buildings or specified areas may not be appropriated have been specified, the buildings shall cease to be used for a purposes other than the purposes specified in the scheme within such time as may be specified in the final scheme and the person affected by the provision shall be entitled to compensation from the appropriate authority in the manner and according to the method prescribed:Provided that in ascertaining such compensation the time within which the person affected was permitted to change the use shall be taken into consideration.
