Gujarat’s common construction rules would deprive farmers 40% of their land in non-TP areas

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By Krishnakant*

Till now, each city or urban area in the state had its own Gujarat Development Control Regulation (GDCR). However, recently the Government of Gujarat came up with this idea of Common GDCR for the whole of state. While anyone would welcome planned approach to development, the government has chosen to continue with adhocism. The Common GDCR was published very recently, but now there are a plethora of amendments being effected. This suggests that the government is interest is not in the planning of spaces, but only in real estate value and advantage to their near ones.

A model note prepared by an alert citizen on the type of objections which could be raised in writing to Gujarat’s urban development secretary on Common GDCR:

These are objections against the provision in rule no. 8.9.6 on page no. 129, of the sanctioned Common GDCR published wide Notification (A) & (B):

Rule no 8.9.6 on page no 129 is “Contribution of land for any development in NON-TP Areas”, whereas there is a provision that “The Competent Authority shall enforce Owners/Applicants for any development in conformation with zoning or use, where the T.P. Scheme is not declared except Agriculture Zone use and Gamtel, competent Authority of D1 to D8 category shall enforce Owners/Applicant to contribute the land admeasuring up to 40% of land in category D1 and D2 for Providing Roads, Public purpose and Multipurpose activities”.

Common GDCR rules are following “Gujarat Town Planning and Urban Development Act 1976”. In this original Act there is no provision of contribution of land by the Owners/Applicant of land in non T.P. Areas, then after 42 Years of the Act how this contribution of 40% land provision is made in published Common GDCR.

The provision shall result in a big monetary loss, because no compensation would be paid to the original farmers who possess the land near to urban areas and such provision shall be not in accordance with the natural principles of justice. By incorporating such provision, The Government has avoided the procedure of acquisition of land and avoided payment of compensation to the farmers. This is an absolute case of violation of article 226 & 227 of constitution of India.

In case where there is a land of new tenure the farmer shall have to pay premium to Govt. for change of use of land and out of such land 40% of land would be taken in contribution which will result in a big monitory loss to farmers.

When farmer applies for N.A. Permission, he has to pay a big amount as conversion tax and other charges as scrutiny fee and development charges for taking permission from the Authority and Authority shall enforce famer to contribute 40% of such land without any cost for the Public purpose.

Moreover, this 40% land taken from each sr. No. will be as and when one comes for permission. This will make it difficult to have such land in fruitful way. Means, land taken will be in fragments and will not serve purpose of providing public aminity in proper way.

So such contributed land shall not serve the very purpose for providing Roads and Public purpose and Multipurpose activities mentioned in this rule. Even rule no. 8.9.6 (2), (3) and (4) are absolutely hypothetical and such planning shall not be possible. Thus this provision is against the natural principal of justice, bad in law and hence we are raising our objection against such provision and pray to remove such provision from the Common GDCR.

Further we request you to consider our objection and remove such provision rules no. 8.9.6 from Common GDCR or else we shall be compelled to challenge such provision in the court of law.

*Paryavaran Suraksha Samiti, Vadodara

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