Gujarat Regularisation of Unauthorised Development Act, 2011

{
    "id": 16615,
    "slug": "gujarat-regularisation-of-unauthorised-development-act-2011",
    "title": "Gujarat Regularisation of Unauthorised Development Act, 2011",
    "short_title": "Gujarat Regularisation of Unauthorised Development Act, 2011",
    "act_number": "(Gujarat Act No. 26 of 2011)",
    "act_year": 2011,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gujarat Regularisation of Unauthorised Development Act, 2011",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons 6\nStatement Of Objects And Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"applicant\" means an occupier or owner intending to make an application for regularisation of unauthorised development under section 5;\n(b) \"Bombay Act\" means the Gujarat Provincial Municipal Corporations Act, 1949;\n(c) \"built-up area\" means the area covered by a building on all floors including cantilevered or projection portion;\n(d) \"Commissioner\" shall have the meaning assigned to it in clause (9) of section 2 of the Bombay Act;\n(e) \"designated authority\" means the Commissioner or any other authority or person appointed as the designated authority under section 3;\n(f) \"development\" shall have the meaning assigned to it in clause (viii) of section 2 of the Gujarat Act;\n(g) \"Gujarat Act\" means the Gujarat Town Planning and Urban Development Act,1976;\n(h) \"GDCR\" means the general development control regulations made under clause (m) of sub-section (2) of section 12 of the Gujarat Act;\n(i) \"Ground Coverage\" means the total built-up area at the ground level;\n(j) \"land\" means the land as defined in clause (xiii) of section 2 of the Gujarat Act;\n(k) \"occupier\" means,-\n(i) any person who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;\n(ii) an owner living in or otherwise using his land or building;\n(iii) a rent free tenant;\n(iv) a licensee in occupation of any land or building;\n(v) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;\n(l) \"owner\" means in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof;\n(m) \"prescribed\" means prescribed by rules made under this Act;\n(n) \"unauthorised development\" means the development where, irrespective of ownership, no permission of a building or a part thereof is obtained from the authority competent to give such permission, or having obtained permission, the development is in contravention of the relevant law or of such permission.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Designated Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Public awareness.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Notice and application for unauthorised development.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Grant or refusal to regularise unauthorised development.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Fees for regularisation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Cricumstances in which unauthorised development shall not be regularised.",
            "chapter": null,
            "content": "(a) land belonging to Government, local authority or statutory body;\n(b) land acquired or allotted by the Government, local authority or statutory body for a specific purpose;\n(c) land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a public road;\n(d) land designated or reserved under a development plan or a town planning scheme;\n(e) lands till regularised as provided in section 9,\n(f) water courses and water bodies like tank beds, river beds, natural drainage and such other places;\n(g) areas earmarked for the purpose of obnoxious and hazardous industrial development\n(a) fire safety measures under the relevant law, or\n(b) structural stability requirements as per the G D C R:\n(a) In the case of buildings with 100 per cent. built-up area with no space for water storage tank and installation of fire pumps and no provision of alternate means of escape or no provision for fixed fire-fighting installations, the designated authority may, in consultation with the Chief Fire Officer of the municipal corporation, area development authority or, as the case may be, the urban development authority direct the applicant to provide such fire safety measures as may be specified in the direction within a period of three months from the date of such direction.\n(b) In the case of buildings where no space is available within the complex in which they are situated for the construction of underground water storage tanks and installation of fire pumps but adequate means of escapes are available, the designated authority may direct the applicant to provide common underground water storage tank and fire pumps in such complex at suitable location within a period of three months from the date of direction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Regularisation of lands for which sanction of Collector is not taken.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Circumstances in which unauthorised development may be regularised.",
            "chapter": null,
            "content": "(i) Ground Coverage,\n(ii) Built up area,\n(iii) Height of building,\n(iv) Change of use,\n(v) Common plot, and\n(vi) Parking, subject to the condition that the occupier or owner shall provide parking as per GDCR in unauthorised development and where it is not so feasible, in a place owned or occupied by himself or more than one applicant, within such distance not exceeding five hundred meters from the unauthorised development as directed by the designated authority within a period of six months from such direction. However, in the event of non-compliance of the aforesaid directions for any reason, the Designated Authority shall refer matter to the Committee as may be constituted by the State Government by rules and such committee after making such inquiry as it deems fit, will suggest suitable options which shall be taken into consideration by the Designated Authority for the purpose of implementation;\n(a) buildings used for residential purpose,\n(b) non-residential buildings where the deficit parking does not exceed 200 sq. mtrs;]\n(vii) Sanitary facility, subject to the condition that the designated authority is satisfied that the sanitary facility provided is adequate;\n(viii) such other matters which the State Government may, prescribe.\n(a) having such floor space index which the State Government may prescribe;\n(b) projections beyond the plot boundary;\n(c) the change of use which in the opinion may cause danger to health or lead to health hazard;\n(d) falling under the alignment of means of water supply, drainage, sewerage, supply of electricity or gas or of any other public utility service; and\n(e) such unauthorised development which the State Government may, prescribe.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Consequences of regularisation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Constitution of Infrastructure Development Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Removal of doubt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power of State Government to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Power to make rules.",
            "chapter": null,
            "content": "(i) the manner of publication of the substance of the Act for public awareness under section 4;\n(ii) the form of notice to be served on the owner or occupier and the form of application to regularise unauthorised development and manner thereof under sub-section (2) of section 5;\n(iii) the manner for giving reply in response to the notice under sub-section (3) of section 5;\n(iv) the form of order to regularise unauthorised development and the manner under sub-section (3) of section 6;\n(v) the form of order refusing to regularise unauthorised development and the manner under sub-section (4) of section 6;\n(vi) the rates of fees payable mode of calculation of fees under section 7;\n(vii) such other matter under clause (viii) of sub-section (1) of section 10 for regularisation of unauthorised development.\n(viii) such other matters which shall not be regularised specified in clause (e) of sub-section (2) of section 10;\n(ix) constitution of the Committee under clause (vi) of sub-section (1) of section 10;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Act to have overriding effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 16th May, 2019 [guj233]",
        "Act Number": "(Gujarat Act No. 26 of 2011)",
        "Enactment Date": "",
        "Act Year": "2011",
        "Short Title": "Gujarat Regularisation of Unauthorised Development Act, 2011",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}