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State of Gujarat - Section

Section 6 in The Gandhidham (Development and Control on Erection of Buildings) Act, 1957

6. Power to issue directions in respect of Gandhidham.

(1)The Authority with a view to the proper laying out of land, the prevention of haphazard erection of building and growth of sub-standard colonies and generally with a view to developing and expanding Gandhidham according to proper planning may, by notification in the Official Gazette, issue in relation to Gandhidham or any area thereof, such direction as it considers necessary.
(2)Without prejudice to the generality of the foregoing power, but regard being had to the objects therein mentioned, the Authority may, in particular, issue directions in relation to all or any of the following matters, that is to say,-
(a)the division or sub-division of any site into plots for the erection of buildings, and the manner in which such plots may be allotted to intending purchasers or lessees;
(b)the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(c)the development of any site into a colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(d)the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings, and the height and character of buildings;
(e)the alignment of buildings on any site;
(f)the architectural features of the elevation or frontage of any buildings to be erected on any site;
(g)the number of residential buildings which may be erected on any site;
(h)the amenities to be provided in relation to any site or buildings on such site, whether before or after the erection of buildings, and the person or authority by whom such amenities are to be provided;
(i)the prohibition or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in any locality;
(j)the regulations of use of any land for the purposes of charcoal-kiln, pottery-kiln or lime-kiln or brick field or brick-kiln;
(k)the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
(l)the restriction regarding the use of any site for the purposes other than the erection of buildings; and
(m)any other matter, which in the opinion of the Authority, is necessary for the proper planning of Gandhidham and for preventing buildings being erected haphazardly therein.
(3)Before a direction is issued under this section, the Authority shall by notice in the Official Gazette, and advertisement in any newspaper circulating in the locality and also by notice affixed at some convenient place in that locality, inform all persons interested of the intention to issue such a direction, and invite objections thereto within a period therein specified, being a period not less than one month from the date of publication of intention in the Official Gazette as aforesaid. When the Authority has considered all the objections to the proposal to issue a direction, the Authority shall decide whether to issue the direction with or without modification, or whether or not to issue it; and if it is decided to issue the direction then the direction shall be published in the Official Gazette, as provided in sub-section (1).