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State of Gujarat - Section

Section 6 in Gujarat Regularisation of Unauthorised Development Act, 2011

6. Grant or refusal to regularise unauthorised development.

(1)On receipt of the reply to the notice or the application made by the applicant under section 5, the designated authority shall, within a period of eighteen months or such period as may be extended by the State Government by an order in writing, scrutinize the same and after making such inquiry as it may deem fit, is of the opinion that the unauthorised development can be regularised, shall pass an order requiring the applicant to pay fees, [***] [Deleted 'if any, payable under the relevant laws and the fees' by Gujarat Act No. 2 of 2013, dated 19.3.2013.] payable under this Act for regularisation of unauthorised development.
(2)The applicant shall pay the fees as required under sub-section (1) within a period of one month from the date of the order, failing which the notice or order or decision as referred to in sub-section (1) of section 5, shall stand revived and in a case where no notice under the relevant law has been given as provided in sub-section (1) of section 5, the application shall stand refused.
(3)On payment of fees as provided under sub-section (2), the designated authority shall pass an order regularizing the unauthorised development, wholly or partly, with or without conditions, in the form and manner as may be prescribed.
(4)If, on scrutiny of the reply to the notice or the application of the applicant and after making such inquiry, as he deems fit, the designated authority is of the opinion that the unauthorised development cannot be regularised, it shall pass an order, within eighteen months of such reply to notice or application, refusing to regularise such unauthorised development, stating the grounds therefore, in the prescribed form and manner as may be prescribed.