Section 5 in Gujarat Regularization of Unauthorized Development Rules, 2012
5. Manner of making an application for regularization of the unauthorized development (i) in cases where there is a breach of only parking regulations or sanitary regulations or both or in cases where there is a breach of other regulations including the breach of parking and sanitary regulations.
(1)The Designated Authority may serve a notice to the owner or occupier of an unauthorized development, under sub-section (2) of section 5, in Form-A-2, within, a period of six months from the commencement of the Act or within such period as may be extended requiring him to furnish such particulars and documents within a period of one month from the receipt of the notice.(2)On receiving the notice served under sub-rule (1), the owner or the occupier, as the case may be, shall reply in Form B-1-B or Form B-2-B respectively and furnish all relevant particulars and documents attaching therewith the Form-D1, Form D2 and Form-D3 duly filled in.(3)Any owner or occupier may, suo-motu, within a period of 6 months from the commencement of the Act or within such period as may be extended, make application in Form B-1-B if he is an owner or in Form B-2-B if he is an occupier and furnish all relevant particulars and documents attaching therewith the Form-D1, Form D2 and Form-D3 duly filled in.(4)On receipt of the reply under sub-rule (2) or an application under sub-rule (3), the designated authority shall, after making an inquiry in the manner as it deems fit, is of the opinion that the development can be regularised and provisions of rules 6 and 7 are not attracted, pass an order in Form C-2 requiring the owner or the occupier to pay the fees for the regularization of unauthorized development:Provided that the Designated Authority shall not pass any order in Form-C-2 in respect of the cases of unauthorized development falling under the provisions of section 9 of the Act till the procedure as per the scheme, issued by Revenue Department under section 9 of this Act is followed.
