Section 65B(1) in The Bombay Land Revenue Code, 1879
(1)Notwithstanding anything contained in section 65 or 65A, where-(a)any land used or held for the purpose of agriculture or, as the case may be, for any non-agricultural purpose not being an industrial purpose is,-(i)designated for the use of industrial purpose in the draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976); or(ii)situated in the area where no plan or scheme referred to in subclause (i) is in force and is designated by the State Government, by notification in the Official Gazette, for the use of such industrial purpose as may be specified therein, having regard to such factors as may be prescribed by rules made under this Act in this behalf:Provided that nothing in this sub-clause shall render invalid the use of land for a bonafide industrial purpose in pursuance of the provisions of the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996 (Gujarat Ordinance 20 of 1996), during the period when the said Ordinance was in force notwithstanding that the said land is not designated for such use under this Act, and(b)the occupant of such land wishes to use such land or part thereof-(I)for a bonafide industrial purpose other than the purpose of manufacture or storage of any chemical or petrochemical,it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, namely:-(a)the occupant has a clear title to such land,(b)such land or part thereof,-(i)is not shown as reserved for a public purpose in draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976).(ii)is not notified for acquisition under the Land Acquisition Act, 1894 (I of 1984) or any other law for the time being in force.(iii)does not fall within the alignment of any road plan prepared by the State Government or the command area of any irrigation project;(iv)is not situated within thirty metres from the boundary of any land held for the purpose of railway by the Central Government or the Indian Railway Company Ltd., or(v)is not situated within fifteen metres of the high voltage transmission line;(vi)is not situated within five kilometres of the periphery of the area within the jurisdiction of any Area Development Authority or Urban Development Authority constituted under the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976).Provided that nothing in this item shall render invalid the use of land for a bonafide industrial purpose in pursuance of the provisions of the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996 (Gujarat Ordinance 20 of 1996) when the said Ordinance was in force notwithstanding that the said land falls within five kilometres of the periphery of the area within the jurisdiction of any Area Development Authority or Urban Development Authority.[Provided further that the State Government may exempt, by notification in the Official Gazette, the use of land for such bonafide industrial purpose from the fulfilment of the condition mentioned at item (vi) above by an occupant or class of occupants as it may deem fit.] [This paragraph was substituted for the original paragraph by serial No. 4 Part II of Schedule II of the Bombay Repealing and Amending Act, 1910 (Bombay I of 1910).](II)for the purpose of manufacture or storage of any chemical or petrochemical.it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, in addition to the conditions mentioned in sub-clause (I), namely:-such land or part thereof is not situated within two kilometres from the boundary of-(i)an ancient monument declared as `protected monument' under subsection (1) of section 3 of the ancient Monuments Preservation Act, 1904 (7 of 1904);(ii)an ancient and historical monument declared as `protected monument' under sub-section (3) of section 4 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965 (Gujarat 25 of 1965);(iii)a forest land or waste land declared as "reserved forest land' under section 3 of the Indian Forest Act, 1927 (XVI of 1927);(iv)a forest land or waste land known as `protected forest' under section 29 of the Indian Forest Act, 1927 (XVI of 1927);(v)an area declared as `sanctuary' under sub-section (1) of section 18 of the Wild Life (Protection) Act, 1972 (53 of 1972) or(vi)an area declared as `national park' under section 35 of the Wild Life (Protection) Act, 1972.
