GTPUD Act 17अध्याय II · Development Area and Constitution of Area Development Authorities

धारा 17 · Power of State Government to sanction draft development plan

(1)

(a)

On receipt of the draft development plan under Section 16, the State Government may, by notification,-

(i)sanction the draft development plan and the regulation so received, within the prescribed period, for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or

(ii)return the draft development plan and the regulations to the area development authority or, as the case may be, to the authorised officer, for modifying the plan and the regulations in such manner as it may direct :

Provided that, where the State Government is of the opinion that substantial modifications in the draft development plan and regulations are necessary, the State Government may, instead of returning them to the area development authority or, as the case may be, the authorised officer under this sub-clause, publish the modifications so considered necessary in the Official Gazette alongwith a notice in the prescribed manner inviting suggestions or objections from any person with respect to the proposed modifications within a period of two months from the date of publication of such notice; or

(iii)

refuse to accord sanction to the draft development plan and the regulations and direct the area development authority or the authorised officer to prepare a fresh development plan under the provisions of this Act.

(b)

Where a development plan and regulations are returned to an area development authority, or, as the case may be, the authorised officer under sub-clause (ii) of clause (a), the area development authority, or, as the case may be, the authorised officer, shall carry out the modifications therein as directed by the State Government and then submit them as so modified to the State Government for sanction; and the State Government shall thereupon sanction them after satisfying itself that the modification suggested have been duly carried out therein.

(c)

Where the State Government has published the modification considered necessary in a draft development plan as required under the proviso to sub-clause (ii) of clause (a), the State Government shall, before according sanction to the draft development plan and the regulations, take into consideration the suggestions or objections that may have been received thereto, and thereafter accord sanction to the drafts development plan and the regulations in such modified form as it may consider fit.

(d)

The sanction accorded under [clause (a), clause (b)] [These words, brackets and letters were substituted for the word, brackets and letters 'Clause (b)' by Gujarat 2 of 1999, Section 7 (1) (w.e.f. 01-05-1999).] or clause (c) shall be notified by the State Government in the Official Gazette and the draft development plan together with the regulations so sanctioned shall be called the final development plan.

(e)

The final development plan shall come into force on such date as the State Government may specify in the notification issued under clause (d):

[***] [Proviso deleted by Gujarat 11 of 2002, dated 6th April, 2002 (w.r.e.f. 12-12-2001).]

(2)

Where the draft development plan submitted by an area development authority or, as the case may be, the authorised officer contains any proposals for the reservation of any land for a purpose specified in clause (b) or [clause (n) or clause (o)] [These words, brackets and letters were substituted for the word, brackets and letters 'Clause (n)' by Gujarat 2 of 1999, Section 7 (2) (w.e.f. 01-05-1999).] of sub-section (2) of Section 12 and such land does not vest in the area development authority, the State Government shall not include the said reservation in the development plan, unless it is satisfied that such authority would acquire the land, whether by agreement or compulsory acquisition, within ten years from the date on which the final development plan comes into force.

(3)

A final development plan which has come into force shall, subject to the provisions of this act, be binding on the area development authority concerned and on all other authorities situated in the area of the development plan.

(4)

After the final development plan comes into force, the area development authority concerned may execute any work for developing, re-developing or improving any area within the area covered by the plan in accordance with the proposals contained in the development plan.

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