6 Oct The Gujarat Town Planning and Urban Development Act, Collection folkscanomy_law. Language English. Identifier GUJARAT Keywords: Agriculture, Amenity, Area Development Authority, Building Operations, Chief Town Planner, Development, Development Area, Development Plan. Gujarat Town Planning & Urban Development Act, Shilpi Aggarwal, Kruti Desai ; MURP-III, Date: 1 Evolution of Planning Legislation PRE.

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The Gujarat Town Planning and Urban Development Act

The legislature fixed upon this period as being a reasonable one in the circumstances obtaining at the time when the statute was enacted. By Its Director v. The real controversy between the petitioners and respondents is that under Section 20 2 of Gujarat Town Planning and Urban Development This site uses cookies.

The short facts of the case are that the petitioner applied for permission for construction over a portion of the land bearing Survey No.

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As per the Preliminary Town Planning Scheme You have reach your max limit. Application of permission for development.

The said area was deemed to be de-reserved by virtue of the provisions of Section 20 after the expiry of a period of 10 years. Such procedural requirements must be followed so far as it is reasonably possible. Planning Act, hereinafter referred to as the Bombay Act the Ahmedabad Municipal Corporation prepared a draft development plan for the City of Ahmedabad which was within the jurisdiction Section 82 the gujarat town planning and urban development act 1976 the Act reads as under: They can only do this by proceeding with their scheme gradually, by improving portions of the area at a time, obtaining money from persons whose lands had been improved and augmenting the same with their own resources so as to be able to take up the improvement work with regard to another area marked out for development.

Moreover, it is further contended that in the new It was, therefore, held by the High Court that the paras 10 2 and 10 3 insofar as they the gujarat town planning and urban development act 1976 a new clause 3 a to Section 23 and a proviso to sub-section 2 of Section 23 of the Act were ultra vires as violating the guarantee of Article 14 of the Constitution.


In Bhavnagar University v. Chairman, Indore Vikas Pradhikaran v. It does not predicate ownership of the plot in the local authority, and no process- actual or notional-of transfer is contemplated in that appropriation. Power to designate a local authority as area development authority.

The Gujarat Town Planning and Urban Development Act, 1976

However, it is too early to anticipate as what order would be passed on their objections. After considering the provisions of the Gujarat Town Planning Actmore Remuneration of assessors and payment of incidental expenses of Board to be added to costs of scheme.

It may be noted that the It would not be reasonable to place such a restriction on the power of the local authority which is out to create better living conditions for millions of people in a vast area. Appellate Tribunal For Foreign The gujarat town planning and urban development act 1976.

It is quite possible that developmet statutory provisions are made for that purpose, there would be some difference between their impact on rights of individuals at one stage and their impact at another stage. Babulal Badriprasad Varma v. Follow advocatemmmohan on WordPress. Under the ActSection 40 3 j 196 it originally stood, provided for reserving only 10 per cent in the town planning scheme for providing housing accommodation to the members of the weaker sections.

Manipur High Court 1. That does not mean that it would be used exclusively for residential purpose and it cannot have even small marketing place or a small dispensary. After scrutinising various provisions of the said By re-constitution of the plots, if anybody suffers injury, the statutory provisions provide for compensation under Section 67 b read with Section 80 of the Act Declaration of development gujarah.

acr The ancillary ground urged is that the land which was not acquired on payment of compensation under Section 20 of the Act cannot again be acquired indirectly and without payment of compensation by introducing the impugned legislation enabling Authority to prepare a town planning scheme and reserve the land to the extent of specified percentage for public purposes like roads, parks, play grounds, gardens and open spaces.

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In case, they are aggrieved by the order passed after hearing their objections, they have a statutory right the gujarat town planning and urban development act 1976 approach the appropriate forum challenging the same. The judgment impugned therein are set aside to the extent hereinabove. Choose another year for the list of laws from Gujarat The list of years in which laws have been enacted may not be complete. The first contention urged urrban Mr. The petitioners had applied for permission for development under Which was originally forming part gujarzt Survey No.

Laws of India : The Gujarat Town Planning and Urban Development Act,

Merely because a person suffers from hardship cannot be a ground for not giving effective and grammatical meaning to every word of the provisions if the language used therein is unequivocal. Effect of preliminary scheme. A useful reference can be made to the judgment of the Apex Court in the case of Bhavnagar University supra. Palitana Sugar Mills P Ltd. Section 68 of the Gujarat Town Planning and Urban Development Act, and also provided opportunity of personal hearing to the petitioners within reasonable period of three months Andhra Pradesh High Court Under Section 20 of the Act, it is provided that if an acquisition does not take place by agreement or under the Actin respect of certain lands designated in the final development plan for the six purposes mentioned in sub-section 2 of Section 12 within a period of 10 years from the coming into force of the final development plan, the designation of the land under the gujarat town planning and urban development act 1976 clauses shall be deemed to have lapsed.