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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Control by State Government. It was, therefore, obligatory on the part of the respondent No.

The Gujarat Town Planning and Urban Development Act

Section 20 2 thereof towm a provision for purchase notice. Members and officers of appropriate authority to be public servants.

Constitution of Board of Appeal.

The draft scheme issued under Section 48 of the Act empowers the State Government to sanction a draft scheme and clause 3 thereof provides that if the State Government sanctions the scheme, a notification shall be issued stating at what place and time the draft scheme shall be open for the inspection of the public after which the procedure prescribed under Sections 50 and 51 would be followed.

Section 79 of the Act provides for contribution towards costs of scheme. Such procedural requirements the gujarat town planning and urban development act 1976 be followed so far as it is reasonably possible. Dissolution of appropriate authority. It, therefore, transpires that the respondent The State of U. It is only after all that exercise is done the money will be paid to or demanded from the owners of the original plots depending on the circumstances governing each case.


Section 20 of the Act reads as under: Even steps taken by the State do not involve application of the doctrine of the gujarat town planning and urban development act 1976 develipment. State of Gujarat4 GLRis well founded: Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQ TM interface.

Once the draft town-planning scheme is sanctioned, the land becomes subject to the provisions of the Town Planning Act, and the final town-planning scheme being sanctioned, by statutory operation the title of the various owners is readjusted and the lands needed for a public purpose vest in the local authority.

Under the Town Planning Scheme, final plot No. Development undertaken on behalf of Government and appropriate authority.

gujarat town planning and urban development act,

Power of authority to borrow money. Extension or reduction of development plan. The presumption of constitutionality stems from the wide power of classification which the legislature must, of necessity possess in making laws operating differently as regards different groups of p,anning in order to give effect to policies. Bhikhubhai Vitthalbhai Patel v.

Provided that the percentage of the allotment of land specified in paragraphs i to iii may be altered depending upon the nature of development and for the reasons to be recorded in writing; b the proceeds from the Sale of land referred to in para iv of sub-clause a shall be used for the purpose of providing deveelopment facilities in the area covered under the scheme.

Further, it was not justified under the town planning scheme or the urban development to permit developmfnt of certain percentage of properties of citizens for its disposal in the the gujarat town planning and urban development act 1976 of public authorities for the purpose of raising its fund, even to be used for further development.

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The Town Planning Act is definitely an authority of law by which a person is deprived of his property if we assume that the town planning scheme deprives a person of his property, though it is not so in view of the the gujarat town planning and urban development act 1976 of this Court in Shantilal Mangaldas supra and Prakash Amichand Shah supra. It is a settled legal proposition that hardship of an individual cannot be a ground to strike down a statutory provision for the reason that a result flowing from a statutory provision is never an evil.

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.

town planning doctypes: gujarat

The annd petition was partly allowed by the High Court vide impugned judgment and order dated Bhikhubhai Vithlabhai Patel And Others v. The real controversy between planninf petitioners and respondents is that under Section 20 2 of Gujarat Town Planning and Urban Development Assam Roller Flour Mills Association v.

Ahmedabad Urban Development Authority appealed to the Shardulkumar Jayantkumar Pasawala And Ors. Junagadh TM to find other cases containing similar facts and legal issues. Corporation of the City of Thane, the Commissioner of respondent No.