Activists Suspect Foul Play in Gujarat’s New Common GDCR Rules

The Gujarat government’s recently announced new common General Development Control Regulations (GDCR) for construction activities has drawn sharp criticisms from the civil rights activists.  The new rules, which are applicable in all eight municipal corporations, 162 municipalities and areas governed by 23 Urban Development Authorities in the state, had been announced by state chief minister Vijay Rupani on March 30, 2018.

Though the chief minister said that the new set of rules would remove discrepancies by bringing “transparency” and “ease of doing business”, activists have been pointing out the foul play saying that the policymakers have chosen ad-hocism through the introduction of common rules. Earlier, every local body/city had its own GDCR.

“Already there is a plethora of amendments being effected to it. This suggests that the government’s interest is not in the planning of spaces but the real estate value and advantages to their near ones,” said Krishakant, civil rights activist of the Paryavaran Suraksha Samiti, Vadodara.

The new common GDCR intends to “interfere in rural areas too in the manner that can lead to chaotic development” and hence the BJP-led  Gujarat government’s policy needs to challenged, said Krishakant who has circulated a note containing the type of objections that should be raised to Common GDCR.

Rule number 8.9.6 which talks about “contribution of land for any development in non-town planning areas” puts forward a provision that reads that “the competent authority shall enforce owners/applicants for any development in conformation with zoning or use, where the TP scheme is not declared except agriculture zone use and gamtal (village common land), competent authority … category shall enforce owners/applicant to contribute the land admeasuring up to 40% of land in … for providing roads, public purpose and multipurpose activities.” This clearly shows that the new common GDCR has been formed at the cost of farmers and their livelihood.

The new common GDCR rules, which are following Gujarat Town Planning and Urban Development act of 1976, include a provision that “when a farmer applies for non-agricultural (NA) permission, he or she has to pay a big amount as a conversion tax and other charges as scrutiny fee and development charges for taking permission from the authority,” said Krishnakant's note, adding that the authority would “enforce the farmer to contribute 40% of such land … for the public purpose.”

“This 40% land would be taken from each Serial No. as and when required. It means, the land taken will be in fragments and will not serve the purpose of providing public amenity in a proper way.”

“So such contributed land shall not serve the very purpose of providing roads and public purpose and multipurpose activities, mentioned in this rule. Thus, this provision is against the natural principle of justice, bad in law and hence should be removed from the Common GDCR”, added the note.