Gandhinagar, 4 July, 2014

Gujarat Assembly today passed Gujarat Nagar Rachna ane Shaheri Vikas (Sudhara) Vidheyak unopposed.

The bill proposed amendment in four decades old Town Planning Act(1976).

Presenting the bill Minister Nitin Patel said: Government noticed that some elected representatives in some municipalities were not forming the town planning committee to prepare development scheme. As per the new amendment, if elected wing fails to form such committee, the state government will pass an order and form such committee in that municipality. Development authorities like AUDA, GUDA etc grant permission for development and there’s no provision of appeal against that. Similarly an amendment has been made in connection with municipalities.

A provision has been made for trade-able development rights(TDR) to set up facilities like BRTS and METRO as an option to acquisition of land. This means, the person whose land is acquired shall be allowed to develop the land at another place or will be able to sell TDR. A person who purchases TDR will get all benefits of TDR.

Earlier there was a provision of limited zones such as residential zone, industrial zone, commercial zone etc, but with amended law now there will be provision of logistic park, educational park etc. Hostels, sports ground, library etc facilities will take place around educational institutes Protection of heritage building, water carrying channels, river, lakes etc has been ensured. A provision has been made for proper conservation of areas around historical buildings.

FSI for one more floor in school, hostel, hospital buildings will not be granted in special case anymore after this law is implemented. The amendment suggests that such permission will be granted only in exchange of premium money deposited in AUDA, VUDA, SUDA or RUDA. This amendment has been made with retrospective provision.

The procedure of seeking objection in development project has been simplified. Once an authority seeks objections and suggestions and they are received, it will be sent straight to government with needed changes. Thus one stage has been removed. A provision has been made for availability of land for construction of housing units(for affordable housing, project affected person etc).

Earlier there was no time-frame for completion of TP and therefore TPs were not finalized on time, now as per the new amendment, the task has to be completed in 18 months or one and half year.

Earlier in the cases of joint ownership, the procedure under section 71 was too tough, but now the partners or owners will be able to make representation before a three-member committee. Such committee will hear the matter and give final plot.

The procedure for local area plans has been corrected. The state government has added a new concept to give more FSI in areas like Ashram Road. The roads will be wider and more facility of parking will be available. There has been new method finalized for this in which government will take land from owner, owners association for road and will offer additional FSI. Land owners will be involved in the process when it comes to local area plan.

The government is willing to avoid delay in NA/NOC procedures once zoning is finalized in development scheme and one wants to construct the building as per zoning. NA will not be required wherever resident zone is finalized. However a decision on this has to be made once the rules are to be finalized to implement proposed law.