Amendment status not verified — confirm the current text below against the official source.
(1) Within six months after the Corporation has passed a resolution under section 284E or within such extended period as the State Government may allow, the Commissioner shall, with the approval of the Corporation, prepare and submit to the State Government a re-development plan indicating the manner in which it is intended that the defined area should be laid out and the land therein used, whether for existing purposes or for purposes requiring the carrying out of re-development thereon, and in particular the land intended to be used for the provisions of housing accommodation for the poorer classes for streets and for open spaces. (2) In the preparation of the plan regard shall be had to the provisions of any improvement scheme or proposed improvement scheme under this Act or any scheme under the Bombay Town Planning Act, 1954, relating to the defined area or land in the neighbourhood thereof. Power of Court to determine lease where premises demolished. Power to declare an area to be re-development area. Re-deavelopment plan. Bom I of 1955. 128 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX (3) Before submitting the plan to the State Government, the Commissioner shall (a) publish simultaneously in the Official Gazette, and in three or more newspapers circulating within the City a notice stating that the plan has been prepared and is about to be submitted to the State Government, naming a place where the plan may be inspected at all reasonable hours, and specifying the time within which, and the manner in which, objections can be made; and (b) serve a notice to the like effect on every owner, lessee and occupier (except tenants for a month or any period less than a month ) of land in the defined area and on every railway administration operating a railway within the define area and on any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility within the defined area. (4) Upon compliance with the foregoing provisions with respect to the publication and service of notices regarding the proposed re-development plan, the Commissioner shall submit to the Standing Committee any objections received under sub-section (3) and any suggestions he may wish to make in that respect. (5) The Standing Committee may after consideration of any such objections and sug gestions make such modification in respect of the re-development plan as they think fit, and the commissioner shall thereafter submit the plan as modified by the Standing Committee first to the Corporation and then to the State Government for approval. (6) On receipt of notice of the State Government’s approval, the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City a notice stating that the re-development plan has been approved and naming a place where a copy thereof may be inspected at all reasonable hours, and shall serve, a like notice on every person on whom a notice was served by him of his intention to submit the re-development plan to the State Government for their approval. (7) Where, after a re -development plan has been approved, the Corporation is satisfied that any land in the re -development area (that is to say the defined area or so much thereof as is comprised in the plan as approved) ought to be re-developed or used otherwise than as indicated in the plan, the Commissioner shall prepare and submit to the State Government on behalf of the Corporation a new plan in respect of that land and the provisions of this section in respect of publication, service of notices and approval by the State Government shall have effect in relation to the new plan, with the substitution of references to the new paln and to the land comprised therein, for references to the re-development plan and to the defined area. (8) The provisions of Schedulae B to this Act shall have effect with respect to the validity and date of operation of the State Government’s approval of a re-development plan or of a new plan. (9) In the subsequest provisions of this Act references to re-development or use in ac cordance with a re-development plan shall be construed as references to re-development or use in accordance with a re-development plan approved under this section or, in the case of land comprised in a new plan approved under this section, in accordance with the new plan. 284G.(1) When the State Government’s approval of a re-development plan has become operative, the Commissioner may acquire by agreement, upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised by means of an order made and submitted to the State Government and confirmed by it in accordance with Schedule C to this Act, to acquire compulsorily— (a) land in the re-development area; and (b) any land outside that area which may be required for the purpose of providing accommodation for persons occupying premises within that area which have been or Acquisition of land for purpose of re-development. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 129 are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted. (2) When the Commissioner submits to the State Government an order for the compulsory acquisition under this section of land which comprises or consists of a building which in his opinion is unfit for human habitation and not capable at reasonable expense of being rendered so fit, the order as submitted shall be in a form prescribed for the purpose of indicating that the building is in that condition, and, if in the opinion of the State Government the building is properly so indicated, the order as confirmed may authorise the Commissioner to acquire the building as being in that condition. (3) The provisions of Schedule B to this Act shall have effect with respect to the validity and date of operation of a compulsory acquisition order made under this section. (4) Nothing in this section shall authorise the compulsory acquisition of any land or building vested in the Central Government without its previous sanction or of any land or building vested in the State Government or belonging to any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility without the previous sanction of the State Government. (5) Land acquired by the Commissioner under this section for the provision of houses for the poorer classes shall be deemed to have been acquired by him under section 284J. (6) Land acquired by the Commissioner under this section otherwise than for the provision of houses for the poorer classes may, with the sanction of the requisite authority under section 79, be sold or leased to any person or if such land is not abutting on any public street may with like sanction be exchanged for other land, which the Commissioner has power to acquire, either with or without paying or receiving money for equality of exchange, subject, in the case of land in the re-development area, to conditions for securing that it shall be re-developed or used in accordance with the re-development plan. (7) When the State Government’s approval of a re-development plan has become operative and the plan comprises any land of the Corporation, the provisions of this Act shall apply in relation to that land as if it had been land in the re-development area acquired by the Commissioner under this section. (8) When the State Government’s approval of a re-development plan has become operative, no person shall construct or re-construct any building or any portion of a building within the re-development area to which the plan relates except with the written permission of the Commissioner, who is granting such permission may impose such conditions approved by the Corporation generally or specially, as will, in his opinion, ensure that the construction or re-construction shall only proceed in accordance with the re-development plan. General provisions as to land purchased for clearance or re-development.