Section 5 in Gujarat Regularisation of Unauthorised Development Act, 2011
5. Notice and application for unauthorised development.
(1)At any time prior to the 28th March, 2011 a notice issued to an owner or occupier or any order issued or decision taken under the relevant law requiring such owner or occupier to remove or pull down or alter unauthorised development carried out shall be deemed to have stood suspended unless and until such notice, order or decision stands revived under sub-section (2) of section 6 :Provided that such provision shall not be applicable in case of development carried on land in respect of matters provided in subsection (1) of section 8.(2)Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law, directing removal, pulling down or alteration of unauthorised development, or discontinuance of any use of land or building, the designated authority shall either suo moto or otherwise, within six months from the commencement of this Act, or within such period as may be extended by the State Government by order in writing, serve on the owner or occupier a notice in the manner as may be prescribed and direct him to furnish such particulars and documents as the designated authority deem necessary:Provided that any applicant who has been served with the notice under the relevant laws as provided in sub-section (1), or not may make an application in the manner as may be prescribed to the designated authority for regularisation of any unauthorised development within the period of six months from the commencement of this Act, or within such period as may be extended by the State Government by an order in writing :Provided further that in case where more than one owner or occupiers are availing the facility of unauthorised development in part or whole, all such owners or occupiers shall make an application jointly to the designated authority :Provided also that the designated authority may after making such inquiry as it thinks fit, if satisfied, allow the lesser number of owners or occupiers to make an application.(3)The occupier or owner or, as the case may be, the occupiers or owners shall reply in response to the notice served on him or them under sub-section (2) within a period of one month of such notice and in such manner as may be prescribed.
