WHEREAS certain draft rules were published as required by
sub-section (I) of section 9 of the Gujarat Regularisation of Unauthorised
Development Ordinance, 2001 in the Gujarat Government Gazette, Extra Ordinary,
Part I-A, under the Government notification, Urban Development and Urban
Housing Department No. KV/87 of 2001/PRCH/l 02001/536/L, dated the 6th June,
2001, inviting objections and suggestions from all persons likely to be
affected thereby within thirty days from the date of publication of the said
draft notification in the Official Gazette. And whereas, the objections and suggestions, received with
respect to the said draft notification have been considered by the Government; Now, therefore, in exercise of the powers conferred by
section 9 read with section 3 of the Gujarat Regularisation of Unauthorised
Development Act, 2001 (Guj. Act 23 of 2001) the Government of Gujarat hereby
makes the following rules to regularise the unauthorised development, namely : (1)
These rules may be called the Gujarat
Regularisation of Unauthorised Development Rules, 2001. (1)
In these rules, unless the context otherwise
requires,- (a)
'Appendix' means appendix appended to
these rules; (b)
'Form' means forms appended to these
rules; (c)
'Act' means the Gujarat
Regularisations of Unauthorised Development Act. 2001; (d)
'Section' means section of the Act; (e)
'Structural Engineer' means a person
possessing post graduation in structural design in the subject of building
design, recognised by All India Council of Technical Education, or a graduation
in Civil Engineering recognised by All India Council of Technical Education,
with five years experience in structural design gained after graduation in
Civil Engineering, out of which at least two years experience shall be in a-
responsible capacity in firm of structural design. (2)
Words and expressions used but not
defined in these rules shall have the meaning assigned to them in the Act. (1)
The designated authority shall serve a
notice in Form 'A' under sub-section (2) of section 3, within a period of six
months from the date of commencement of these rules for the purpose of
regularisation of unauthorised development requiring him to comply with the
requisition provided in section 4 and specified in the notice, within a period
of sixty days : Provided that on a request made by the designated
authority, for extending the period of serving such notice, stating the reasons
thereof, the State Government may, after due consideration, by an order issued
in this behalf, extend such time limit which shall not exceed a further period
of six months. [1][Provided further that where the Designated Authority could
not complete the process of serving notice even within the extended period
under the above provise, the Designated Authority shall request the State
Government for extending the period of serving such notice stating the reasons
thereof. The State Government may, after due consideration, by an order issued
in this behalf, may extend such time limit for a further period not exceeding
twelve months.] (2)
After issuing the notice under
sub-rule (1), the designated authority shall, within thirty days from the
issuance of such notice, affix the notice at prominent places in the area where
such unauthorised development is situated and, invite the objections and
suggestions thereon. (3)
After considering the objections and
suggestions received on the notice issued under sub-rule (2), the designated
authority shall pass an appropriate order within ninety days from the date of
receipt of compliance of the notice issued under sub-rule (1). (4)
Where a notice is served under
sub-rule (1) and procedure is concluded under sub-rules (2) and (3) and the
person intends to comply with the requisition specified therein, and has made a
request in writing to the designated authority to allow the payment by way of
instalment, the designated authority may pass such order as it deems fit for
payment of such fees in monthly instalment, not exceeding twelve in number. (5)
The calculation and the procedure of
setting off the amount of deposit, if any. already deposited by the person
before or after the commencement of this Act against unauthorised development,
shall be determined by the designated authority under section 3. (1)
The rates of fees for regularisation
of unauthorized development for different categories and area shall be as shown
in the Table below; (2)
The designated authority shall fix the
area as mentioned in the table of fees and publish it in the premises of the
designated authority and intimation of such publication shall be published in
two widely circulated newspapers of the respective area.][2] TABLE RATE OF FEES (Rule 3 A) Sr. No. Type unauthorised Development Municipal Corporation Limit Area/Urban Development Authority Limit (Excluding Municipal Corporation
limit) 1. Independent Building (Excluding Flat/ Apartment & commercial use) (i) Building unit/plot upto 40 sq. mts.Rs. 1000/-per unit(ii) In case
of building unit/plot above 40 sq. mtrs.(a) Upto 100 sq. mtr. built up
area-Rs. 10000/-for each unit for "A: type development area. Rs. 7000/-
for each unit for "B" type developing area(b) Above 100 sq. mtrs.
and upto 150 sq. mts. built up areaRs. 12500/-for each unit.(c) Above 150 sq.
mtrs. built up area.Rs. 12500/-+ Rs. 100 per sq. mts. for the additional
built up area above 150 sq. mt. for each unit. (i) Building unit/plot upto 40 sq. mts. Rs. 1000/per unit.(ii) In case
of building unit/ plot above 40 sq. mtrs.(a) Upto 100 sq. mtrs. built up
area.Rs. 8,000 for each unit for 'A' type development areaRs. 5500/- for each
unit for 'B' type developing area.(b) Above 100 sq. mtrs. upto 150 sq. mtrs.
built up areaRs. 10000/-for each unit.(c) Above 100 sq. mtrs. upto 150 sq.
mtrs. built up area.Rs. 10000/-for each unit. (b) Above 150 sq. mtrs. buit up
area.Rs. 10000/-+ 100 per sq. mtrs. for the additional built up area above
150 sq. mt. for each unit. 2. Flat/ Apartment type residential buildings. (i) Where development Upto 60 sq. mtrs. built up area. Upto 60 sq. mtrs. built up area. permission is obtained.(ii) Where development permission is not
obtained Rs. 7500/- for each dwelling unit for "A" type developed
area. Rs. 5000/- for each dwelling unit for "B" type developing
area Above 60 sq. mtrs.Rs. 10000/-for each dwelling unit for "A"
type developed area. Rs. 7500/- for each dwelling unit for "B" type
developing area. Upto 60 sq. mtrs, built up areaRs. 12000/- for each dwelling
unit for "A" type development area. Rs. 8000/- for each dwelling
unit for "B" type development areaAbove 60 sq. mtrs, built up
area.Rs. 15000/-for each dewelling unit for "A" type developed
area. Rs. 10000/- fur each dwelling unit for "B" type developing
area Rs. 6000/- for each dwelling unit for "A" type developed
area.Rs. 4000/- for each dwelling unit for "B" type developing
area.Above 60 sq. mtrs.Rs. 9000/- for each dwelling unit for "A"
type developed area.Rs. 6000/- for each dwelling unit for "B" type
developing area.Upto 60 sq. mtrs. built up areaRs. 9000/- for each dwelling
unit for "A" type developed area.Rs. 6000/- for each dwelling unit
for "B" type development area.Above 60 sq. mtrs. built up area.Rs.
12000/-for each dwelling unit for "A" type developed area.Rs.
9000/- for each dwelling unit for "B" type developing area. 3. Unauthorised commercial use(i) upto 25 sq. mtrs. carpet area of each
unit for ground and first floor only excluding basement(ii) More than Rs. 15000/-for each unitRs. 1000/-per sq. mtr. Rs. 10000/-for each unitRs. 800/- per sq. mtr. of 25 sq. mtrs. carpet area of each unit for ground and first floor only
excluding basement(iii) For basement and other floor excluding ground and
first floor irrespective of any carpet area for each unit. of unauthorised development subject to minimum of Rs. 15000 for each
unit.Rs. 500/- per sq. mtrs. of unauthorised development subject to aminimum
of Rs. 7500 for each unit. unauthorised development subject to minimum of Rs. 10000 for each
unit.Rs. 400/- per sq. mtrs. of unauthorised development subject to a minimum
of Rs. 5000 for each unit. Note : (1)
The above mentioned rates of fees are
applicable to the unauthorised development mentioned under (a) of sub-section
(3) section 4. (2)
"A" type means a development
area "B" type means a developing area which will be decided by the
appropriate looking at the prevailing land value of the respective areas. (3)
For computation of individual building
unit area the total plot area shall be divided by the number of dwelling units
within which it shall be considered for the fees prescribed at Sr. No. 1 (i) of
this Table. (1)
The designated authority shall serve a
notice, in Form 'B' in the first instance to the persons whose cases fall under
the provision of section (b) of sub-section (3) of section 4 and he shall
require to comply with the directions, within a period of six months; (2)
In case where the designated authority
is of the opinion that it is not feasible to provide for necessary parking
facility in unauthorised development, he may direct the person to provide such
facility at such suitable location as deemed fit in accordance with the
provisions of clause (6) of sub-section (3) of section 4; [3][(2A) The Designated Authority, may charge parking creation
fee in accordance with the second proviso to clause (b) of sub-section (3) of
section 4 after communicationg the person as such.] (3)
On compliance of the above
requirement, the designated authority shall follow the procedure as prescribed
in the rule 3, for regularisation of unauthorised development. (1)
A person who desires to apply on his
own for regularisation of unauthorised development shall make an application to
the designated authority in Form 'C along with Form 'D', and the designated
authority while considering such application shall follow the procedure as
prescribed in rule 3 and 4, [4][It is not required to submit Form D in the case of load
dealing structures having ground floor or having ground floor and one upper
floor.] delete by N. No. K.V./102 of 2003/PRCH/102002/340/L dated
12-5-2003. The deisgnated authority, if satisfied that the owner or
occupier who has applied under clause (aa) of sub-section (2) of section (2) of
section 3 has complied with the requirement under these rules, he shall issue
the permission in Form DD to carry out the unathorised development.][5] (1)
The designated authority is satisfied
with the person who has complied with the requirement under these rules and has
paid the fees as laid down in [6][rule
(3A)], shall issue a certificate in Form 'E', under his signature and seal of
the office, for regularisation of unauthorised development. [7][(2) The designated authority, if satisfied that the owner
or occupier who has applied under clause (aa) of sub-section (2) of section 3
and who been permitted under rule 6A to carry out the unauthorised development
on compliance with the requirement under these rules shall issue a certificate
in Form EE' under his signature and seal of the office for regularisation of
unauthorised development.] [1] V/118 of 2002/PRCH/102002/536/L Dated. 2nd Sept. 2002. [2] N. No. KV/102 of 2003/PRCH/10 2003/34/k Dated. 12-5-2003. [3] N. No. K.V./102 of 2003/PRCH/102 202/340 L. dated
12-5-2003 [4] N. No. K.V./102 of 2003/PRCH/102 202/340 L. dated
12-5-2003 [5] N. No. KV/181 of 2001/PRCH/102001/350/L dated 21-12-2001. [6] N. No. KV/102 of 2003/PRCH/102002/340/L dated 12-5-2003 [7] N. No. KV/181 of 2001/PRCH/102001/350/L dated 21-12-2001.GUJARAT REGULARISATION OF UNAUTHORISED
DEVELOPMENT RULES, 2001
PREAMBLE