GTPUD Act 29Chapter IV · Control of Development and use of Land Included in Development Plans

Section 29 · Grant or refusal of permission

(1)

On receipt of an application under Section 27 or Section 28, the appropriate authority shall furnish the applicant with a written acknowledgment of its receipt and after satisfying itself that the development charge [and scrutiny fees,] [These words were inserted by Gujarat 3 of 1995, Section 8 (w.r.e.f. 11-01-1995).] if any, payable by the applicant has been paid and after making such inquiry as it thinks fit may, subject to the provisions of this Act, by order in writing.-

(i)

grant the permission with or without any condition; or

(ii)

grant the permission, subject to any general or special orders made by the State Government in this behalf; or

(iii)

refuse to grant the permission.

(2)

Any permission under sub-section (1) shall be granted in the prescribed form and every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal.

(3)

Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.

(4)

If the appropriate authority fails to communicate its order to the applicant within three months from the date of receipt of the application, such permission shall be deemed to have been granted to the applicant on the expiry of the said period of three months.

(5)

If any person carries on any development work or retains the use of any building or work or continues the use of land in contravention of the provisions of Section 27 or Section 28 or of any permission granted under sub-section (1) of this section, the appropriate authority may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any building or work carried out and restore the land to its original condition or, as the case may be, take any measures to stop such use.

(6)

Any expenses incurred by the appropriate authority under sub-section (5) shall be a sum due to the appropriate authority under this Act from the person in default.

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