Section 39 in The Gujarat Town Planning and Urban Development Act, 1976
39. Development undertaken on behalf of Government and appropriate authority.
(1)Where any Department of the Central Government or a State Government intends to carry out development of any land for any purpose of the Government or for carrying out any operational construction, it shall inform in writing the appropriate authority of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development or construction.(2)Where the appropriate authority raises any objection to the proposed development on the ground that such development is not in conformity with the provisions either of any development plan under preparation, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the Department shall-(i)either make necessary modifications in the proposals for development to meet the objections raised by the appropriate authority; or(ii)submit the proposals for development together with the objections raised by the appropriate authority to the State Government for decision.(3)The State Government on receipt of the proposals for development together with the objections of the appropriate authority shall, either approve the proposals with or without modifications or direct the department to make such modifications in the proposals as it considers necessary in the circumstances.(4)Where an appropriate authority intends to carry out development of land for its own purpose in the exercise of its powers under any law for the time being in force, such development shall be in conformity with the development plan and of the bye-laws or regulations relating to construction of buildings.(5)The provisions of Sections 26, 27 and 28 shall not apply to developments carried out under this section.
