Section 52(3) in The Gujarat Town Planning and Urban Development Act, 1976
(3)In the final scheme, the Town Planning Officer shall,-(i)fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (f) of sub-section (1) of Section 77;(ii)determine whether the areas used, allotted or reserved for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme;(iii)estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;(iv)calculate the contribution to be levied under sub-section (1) of Section 79, on each plot used, allotted or reserved for a public purpose or for the. purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;(v)determine the amount of exemption, if any from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;(vi)estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of Section 78;(vii)calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of Section 79;(viii)calculate the contribution to be levied on each plot included in the final scheme;(ix)determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of Section 79;(x)estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously effected by the making of the town planning scheme in accordance with the provisions of Section 82;(xi)draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme :Provided that the Town Planning Officer may make variation from the draft scheme, but no such variation, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the appropriate authority and any owners who may raise objections.Explanation. - (i) For the purpose of this proviso "variation of a substantial nature" means a variation which is estimated by the Town Planning Officer to involve an increase of ten per cent in the costs of the scheme as is described in Section 77 [***] [Deleted 'or rupees one lakh, whichever is lower' by Gujarat Act No. 22 of 2017, dated 13.4.2017.], on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Town Planning Officer.(ii)If there is any difference of opinion between the Town Planning Officer and the appropriate authority as to whether a variation made by the Town Planning Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision thereon shall be final.
