THE GUJRAT

TOWN
PLANNING
AND URBAN
DEVELOPMENT
ACT, 1976.
CONTENT

 Overview
 The Gujarat Town Planning and Urban Development Act, 1976
 Salient features of GTPUD Act, 1976
 Chapter II : Development Area and Constitution of Area Development Authorities
 Chapter III : Declaration of Urban Development Areas and Constitution of Urban Development Authorities
 Chapter IV : Control of Development and use of Land Included in Development Plans
 Chapter V : Town Planning Schemes
 Chapter V-I : Special Provisions for Local Area Plan
 Key Learnings.

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 OVERVIEW

 Bombay Town Planning Act, 1915 empowered local authorities for controlled land use and
development.

 Depended on the initiative of the local body.

 Unable to solve the problem of suburban development.

 Act was replaced by the Bombay Town Planning Act, 1954.

 Development Plans was introduced for the first time

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 THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976

 Bombay Town Planning Act, 1915 empowered the local authorities to prepare Town Planning Schemes.

 Bombay Town Planning Act, 1954 empowered the local authorities to prepare Development Plans.

 On 1st May 1960, the Bombay State was bifurcated to form two States – Maharashtra and Gujarat.

 By the section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President
enacted The Gujarat Town Planning and Urban Development ACT, 1976.

 The Act came in to force from 1st February 1978

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 SALIENT FEATURES OF GTPUD ACT, 1976

 It empowers the Area/Urban Development Authority to prepare DP/TPS for its area of jurisdiction &
control the development of city as well as fringe area.
 It is a comprehensive legislative act which responds to local challenges of growth.
 The Act empowers the Area/Urban Development Authority to prepare DP/TPS for its area of
jurisdiction & Control the development of city as well as fringe area.
 The Act has 8 chapters including the introductory chapter of short title and the end chapter of
miscellaneous provisions of RTIs, public notices and FAQs.
 Further the Act is thought to be a response to a large number of problems within urban areas like
haphazard and non-conforming land use patterns, lack of adequate and efficient services / facilities and
overall deteriorating environment.

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 CHAPTER II
DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES

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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 Declaration of development area (Section 3)- The
State Government may declare by notification, for
the purpose of securing planned development of areas
within the State, declare, by notification.
 Amalgamate two or more development areas into
one development area, sub-divide any development
area into different development areas and include such
sub-divided areas in any other development area.
 Exclusion of whole or part of development area from
operation of the Act.
 Constitution of area development authority by the
State Government.
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MRTP ACT, 1966
 Declaration of development area (Section 42A.)-
State Government by notification in the Official
Gazette, any area in the State to be a development
area.
 Amalgamate two or more development areas into
one development area, sub-divide any development
area into different development areas.
 Exclusion of whole or part of development area from
operation of Act.
 Constitution of Area Development Authority by the
State Government.
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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 Area Development Authority possess power to
acquire, hold and dispose of property, both moveable
and immovable.
 An area development authority shall consist of the
following members, namely:-A Chairman to be
appointed by the State Government, the Chief Town
Planner or his representative, the Presidents of the
district panchayats, a non-official who possesses special
knowledge or practical experience in town planning.
 The State Government may, instead of constituting
an area development authority for a development area,
designate any local authority functioning in a
development area or part thereof.
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MRTP ACT, 1966
 Area Development Authority is having power to
acquire, hold and dispose of property, both
movable and immovable.
 Area Development Authority shall consists of
following members: Chairman, Presidents of Zilla
Parishads and Chairman of Panchayat Samitis,
Mayors of Municipal Corporations, Municipal
Commissioners of Municipal Corporations
 The State Government may, appoint any agency
or authority or any company or corporation instead
of Area Development Authority.
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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 The Powers and functions of area development
authority.
 To under take the preparation and execution of
town planning schemes or Local Area Plan
 To carry out surveys in the development area
 To control the development activities in accordance
with the development plan in the development area
 To acquire, hold, manage and dispose of property,
movable or immovable
 To levy and collect such fees for the execution of
works
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MRTP ACT, 1966
 The powers and functions of an Area Development
Authority-
 To undertake the preparation and execution of
town planning schemes.
 To carry out surveys in the development area for
the preparation of town planning schemes.
 To control the development activities in
accordance with the development plan and town
planning schemes in the development area.
 To levy and collect such scrutiny fees for scrutiny
of proposals submitted to the Area Development
Authority
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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 Development plan (Section 9) is prepared within
three years, by the Area Development Authority after
declaration of area as a development area.
 A copy of the draft development plan as prepared
under Section 9 in respect of any area shall be kept
open for inspection by the public.
 A draft development plan indicate the use of land in
the area covered by it and also indicate the manner in
which the development shall be carried out.
 Proposals are based on the designing the use of land
for residential, commercial, industrial, education,
agriculture.
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MRTP ACT, 1966
 Development plan (Section 21) is prepared within
three years, by the Area Development Authority after
declaration of area as a development area.
 A copy of the draft development plan as prepared
under Section 21 in respect of any area shall be
published for the inspection by the public.
 A draft development plan indicate the use of land also
indicate the manner in which the development shall
be carried out.
 Proposals are based on the designing the use of land
for residential, commercial, industrial, education,
agriculture.
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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 Publication of Draft Development Plan in the official
gazette inviting suggestion and objection from any
person within period of two months from publication.
 Suggestions or objections to draft development plan
to be considered, If within the period, any person
communicates in writing to the area development
authority.
 Area Development Authority within a period of six
months from the date of publication of the draft
development plan, submit to the State Government
for its sanction the draft development plan and the
regulations.
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MRTP ACT, 1966
 Publication of Draft Development Plan in the official
gazette and local newspaper inviting suggestion and
objection from any person within period of two months
from publication.
 Suggestions or objections to draft development plan to
be considered, If within the period, any person
communicates in writing to the area development
authority.
 Area Development Authority within a period of six
months from the date of publication of the draft
development plan, submit to the State Government for
its sanction the draft development plan and the
regulations. 11
 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 After submission of Draft Development Plan, State
Government have power to accept, suggest necessary
changes or reject the whole or part of the draft
development Plan.
 After approval of the draft Development Plan, no
further modifications are allowed in the Final
development Plan.
 At least once in ten years from the date on which a
final development plan comes into force, the area
development authority shall revise the development
plan.
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MRTP ACT, 1966
 After submission of Draft Development Plan, State
Government have power to accept, suggest necessary
changes or reject the whole or part of the draft
development Plan.
 After approval of the draft Development Plan, no
further modifications are allowed in the Final
development Plan.
 At least once in ten years from the date on which a
final development plan comes into force, the area
development authority shall revise the development
plan.
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 CHAPTER II- DEVELOPMENT AREA AND CONSTITUTION OF AREA
DEVELOPMENT AUTHORITIES.
GTPUD ACT, 1976
 Acquisition of Land (Section 20)- The area
development authority or any other authority for
whose purpose land is designated in the final
development plan, may acquire the land by an
agreement or under the provisions of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013.
 If land is not acquired by agreement within a period of
ten years from the date of the coming into force of
the final development plan, reservation on the land is
lapsed.
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MRTP ACT, 1966
 Acquisition of Land (Section 125)- The State
Government whose purpose land is designated in the
final development plan, may acquire the land by an
agreement or under the provisions of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013.
 If land is not acquired by agreement within a period of
ten years from the date of the declaration of the final
development plan, reservation on the land is lapsed.
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 CHAPTER III
DECLARATION OF URBAN DEVELOPMENT AREAS AND CONSTITUTION OF URBAN DEVELOPMENT
AUTHORITIES

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 CHAPTER III- DECLARATION OF URBAN DEVELOPMENT AREAS AND
CONSTITUTION OF URBAN DEVELOPMENT AUTHORITIES

GTPUD ACT, 1976 MRTP ACT, 1966

 The State Government by notification, declare such area to  No provision in this Act
be an urban development area and constitute an authority
for such area to be called the urban development authority
of that area
 The urban development authority shall consist of the
following members namely:
1. A Chairman to be appointed by the State Government
2. Three officials of the State Government, to be
nominated by that Government
3. The Presidents of the district panchayats
4. The Chief Town planner or his representative

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 CHAPTER III- DECLARATION OF URBAN DEVELOPMENT AREAS AND
CONSTITUTION OF URBAN DEVELOPMENT AUTHORITIES

GTPUD ACT, 1976 MRTP ACT, 1966

 Powers and functions of urban development authority  No provision as such in this act.
are as follow
 to undertake the preparation of development plans
under the provisions of this Act, for the urban
development area
 To carry out surveys in the urban development
area for the preparation of development plans or
town planning schemes
 To guide, direct and assist the local authority.
 To execute works in connection with supply of
water, disposal of sewerage and provision of other
services and amenities
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 CHAPTER IV
CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS

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 CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN
DEVELOPMENT PLANS
GTPUD ACT, 1976
 Restriction on development after publication of draft
development plan in the official gazette in respect of any
development area.
 an application in writing to the appropriate authority for
permission for such development in such form and
containing such particulars and accompanied by such
documents as may be prescribed.
 On and after the date on which the said period of six
months expires, no person shall retain or continue any
such use of building or work or land, without such
permission having been obtained or contrary to the terms
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MRTP ACT, 1966
 No person shall institute or change the use of any land
or carry out any development of land without the
permission in writing of the Planning Authority.
 Any person not being Central or State Government or
local authority intending to carry out any development
on any land shall make an application in writing to the
Planning Authority for permission in such form and
containing such particulars and accompanied by such
documents.
 The increments shall be deemed to be the amount by
which at the date of the declaration of intention to
make a scheme the market value of the plot included in
the final scheme. 18
 CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN
DEVELOPMENT PLANS
GTPUD ACT, 1976
 the appropriate authority shall furnish the applicant with a
written acknowledgment of its receipt and after satisfying
itself that the development charge
 Permission 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.
 In a case where permission for such use is refused, that the
land has become incapable of reasonable beneficial use in
its existing state.
 The land cannot be rendered capable of reasonable
beneficial use by carrying out the conditions of the
permissions.
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MRTP ACT, 1966
 The costs of the scheme shall be met wholly or in part
by a contribution to be levied by the appropriate
authority on each plot included in the final scheme.
 The owner of each plot included in the final scheme
shall be primarily liable for the payment of the
contribution leviable in respect of such plot.
 The amount by which the total value of the plots
included in the final scheme with all the buildings and
works.
 Any right in an original plot which in the opinion of the
Town Planning Officer is capable of being transferred
wholly or in part.
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 CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN
DEVELOPMENT PLANS
GTPUD ACT, 1976
 Every permission granted or deemed to have been granted
under Section 29 shall remain in force for a period of one
year from the date of such grant and thereafter it shall
lapse.
 If it appears to the appropriate authority that it is
necessary or expedient, having regard to the development
plan that may have been prepared or may be under
preparation or having regard to any variation made in the
final development plan that any permission granted under
Section 29 should be revoked or modified.
 Any person who, whether at his own instance or at the
instance of any other person commences, undertakes or
carries out development has to pay penalties for the same.
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MRTP ACT, 1966
 The appropriate authority subject to the power of the
State Government to modify or disallow such
agreement.
 Any sum due to the appropriate authority under this
Act or any regulation made thereunder shall be a first
charge on the plot on which it is due, subject to the
prior payment of land revenue.
 An appropriate authority shall prepare for every year, a
report of its activities during the year and submit the
report to the State Government.
 A fine not exceeding one hundred rupees per day for
the period during which the contravention continues
shall be recovered from the person so convicted. 20
 CHAPTER V
TOWN PLANNING SCHEMES

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 TOWN PLANNING SCHEMES
GTPUD ACT, 1976
 Making and contents of a town planning scheme (Section
40)- the appropriate authority may make one or more
town planning schemes for the development area regard
being had to the proposals in the final development plan.
 State Government may in this behalf direct by specific or
general order to make town planning scheme to the
concerned authority.
 A town planning scheme may be made in accordance with
the provisions of this Act in respect of any land which is:
 in the course of development
 likely to be used for residential or commercial or industrial or for
building purposes
 already built upon
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MRTP ACT, 1966
 Making of town planning schemes (Section 59)- a Planning
Authority may for the purpose of implementing the
proposals in the final Development plan.
 a town planning scheme may make provision for any of
the following matters-
 any of the matters specified in section 22.
 the laying out or re-laying out of land, either vacant or
already built upon, including areas of comprehensive
development.
 the suspension, as far as may be necessary for the proper
carrying out of the scheme.
 such other matter not inconsistent with the object of this
Act, as may be directed by the State Government. 22
 TOWN PLANNING SCHEMES
GTPUD ACT, 1976
 Chief Town Planner may declare the intention to make such
a scheme in respect of such area.
 Within twenty-one days from the date of such declaration,
appropriate authority shall be formulated.
 This Authority despatch a copy thereof alongwith a plan
showing the area which it proposes to include in the town
planning scheme to the State Government.
 The appropriate authority shall make a draft scheme of the
area within 9 months after publication in the official
gazette.
 Scheme shall lapse and for a period of three years from the
date of declaration, if publication is not made by the officer.
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MRTP ACT, 1966
 A Planning Authority may by resolution declare its
intention to make a town planning scheme in respect of
any part of the area within its jurisdiction.
 Not later than thirty days from the date of such
declaration of intention to make a scheme, Planning
Authority publish the notification in the Official
Gazette.
 A copy of the plan shall be open to the inspection of
the public at all reasonable hours at the head office of
the Planning Authority.
 The appropriate authority shall make a draft scheme of
the area within 9 months after publication in the official
gazette. 23
 CHAPTER V-I
SPECIAL PROVISIONS FOR LOCAL AREA PLAN

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 SPECIAL PROVISIONS FOR LOCAL AREA PLAN

GTPUD ACT, 1976 MRTP ACT, 1966

 Preparation, sanction etc., of local area plan (Section 76-A)-  No special provision in this Act
the appropriate authority may make one or more Local
Area Plan for the development area.
 The appropriate authority shall publish in the Official
Gazette, the boundaries of area for which the Local Area
Plan is to be made and in the local newspapers.
 The boundaries of area for which the Local Area Plan is to
be made and in the local newspapers.
 The prior permission of the State Government shall be
necessary.

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 SPECIAL PROVISIONS FOR LOCAL AREA PLAN

GTPUD ACT, 1976 MRTP ACT, 1966

 The Local Area Plan may provide provisions for any of the following  No special provision in this Act
matters:
 Define and provide for the complete road and street pattern
for the present and in the future and indicate the traffic
circulation.
 Lay down in detail the projected road and street furniture.
 Access, make projection for the future requirements of
amenities, services and utilities such as transport, electricity,
water, drainage, plantation and land scape.
 access the cost of works to be provided by the appropriate
authority and the contribution of fees to be paid by different
owners.
 indicate in the plan and other document, the land which shall
vest with the appropriate authority
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 KEY LEARNINGS
 The brief description of all the provisions, and detailing out of provisions for Development Plans and Town
Planning Schemes of the act help us validate this rationale behind the preparation of the act.
 The act covers the matter of compulsory acquisition of land needed for purpose of town planning scheme or
Development plan.
 The special provision in case of dissolution or supersession of local authority give it a unique character.
 The act tries to make urban development free from market driven factors. Hence, it has certain provisions which
limit the powers of developers, avoid monopoly.
 Further, we also need to understand that the pace of expansion of other arenas should be in par with the pace of
urbanization so as to have uniform urban development.
 The mere provisions of the Act may/may not always promise a better urban growth direction.
 Alongside, there is a need to focus on the amendments of the Act to trap the financial resources and to achieve
the optimum level of urban planning.

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