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State of Gujarat - Section

Section 33 in Gujarat Industrial Development Act, 1962

33. Powers of corporation in case of certain defaults by owner of land in industrial area.

(1)If the Corporation after holding a local inquiry, or upon a report from any of its officers or other information in its possession, is satisfied that the owner of any land in an industrial area has failed to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to carry out any development of the land for which permission has been obtained under this Act the Corporation may, after giving the owner a reasonable opportunity of being heard serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.
(2)If any such amenity is not provided or any such development is not carried out within the time specified in the notice, the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit :Provided that, before taking action under this sub-section, the Corporation shall afford reasonable opportunity to the owner of the land to show cause why such action should not be taken.
(3)All expenses incurred by the Corporation or the agency employed by it in providing the amenity or carrying out the development together with interest, at such rate as the State Government may by order fix, from the date when a demand for the expenses is made from the owner until payment, shall be recoverable by the Corporation from the owner.
(4)An owner aggrieved by a notice issued to him under sub-section (1) may within a period of sixty days from the date on which the notice is served on him file an appeal to the President of the Gujarat Revenue Tribunal notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957 (Bombay XXXI of 1958).
(5)In deciding an appeal under sub-section (4), the President of the Gujarat Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which a Court follows in deciding appeals from a decree or order of an original Court under the Code of Civil Procedure, 1908 (V of 1908).
(6)A decision in such appeal shall be final and conclusive.