Amendment status not verified — confirm the current text below against the official source.
This word was substituted by Guj. 15 of 2011, s.3 sch, sr. No. 36. (d) a licensee in occupation of any land or building; (e) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building; (xvii) "operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely :- (a) railways; (b) national highways; (c) national waterways; (d) major ports; (e) airways and aerodromes; (f) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication; (g) regional grid for electricity; (h) any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause. Explanation.- For the removal of doubts, it is hereby declared that the construction of- (i) new residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and (ii) a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause; (xviii) "owner", in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof; (xix) "plot" means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme; (xx) "preliminary scheme" means a preliminary scheme relating to a town planning scheme prepared by the Town Planning Officer under section 51; (xxi) "prescribed" means prescribed by rules made under this Act; (xxii) "reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme. Explanation.- For the purposes of this clause "altered" includes the alteration of ownership of a plot; (xxiii) "regulation" means a regulation made under section 119 and includes zoning and other regulations made as part of a development plan or town planning scheme; (xxiv) "residence" includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and out-houses, if any, appertaining to such land or building, and the expression "residential" shall be construed accordingly; (xxv) "rule" means a rule made under section 118; (xxvi) "scheme" means a town planning scheme prepared under this Act, and includes a plan or plans, together with the descriptive matter, if any, relating to such scheme; (xxvii) "Town Planning Officer" means Town Planning Officer appointed under section 50; (xxviii) "urban development authority" means an urban development authority constituted under section 22; (xxix) "urban development area" means an area declared to be an urban development area under section 22; l[(xxx) "Government company" means a Government company registered under the Companies Act, 1956 which has one of its objects the development of an area.] 1 of 1956. CHAPTER II. DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES Declaration of development area.