Gujarat Impact Fee Law challenged in the HC
Gujarat Global News Network, Ahmedabad
The recently notified The Gujarat Regularisation of Unauthorised Development Act, 2011, popularly known as Impact Fee law has been challenged in the Gujarat High Court. The petition by one Shivlal Purohit has questioned the constitutional validity of the Act passed by the Gujarat Government. A notice has been issued to the State Government by the HC in the matter.
According to the petition, the state government had brought a similar law in 2001 to ratify the illegal constructions. And when that Act was challenged at the HC, the state government had stated on oath that it was a ‘one time measure’ order to give benefit  to the people of Gujarat by regularising the unauthorised constructions, which were existing at that point of time and with a view to avoid demolition of illegal structures then. Hence the petition claims that the new Act is flagrant violation of Rule of Law in the state and of the directions issued by the HC and the Supreme Court at the relevant time.
The petitioner has contended that the inaction by the authorities has given rise to continuing illegalities and clear defiance of the directions by the builders, developers, owners, occupiers, etc,who are intentionally and blatantly defying the directions issued by the HC at the cost of law abiding citizens. Even the rules framed under the Act, have conferred unbridled and uncontrolled power on the authorities with regard to regularisation of illegal developments and which would lead to a catastrophic and unruly situation in Gujarat.
The matter has been posted for further hearing after three months.
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