UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT ACT, 1973
An Act to provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto
(It is hereby enacted as follows:)
Reasons for the enactment.-
(1) The Governor of Uttar Pradesh promulgated on June 12, 1973, the Uttar Pradesh Urban Planning and Development Ordinance, 1973, which reproduced the provision of the Uttar Pradesh Urban Planning and Development Bill, 1973, as passed by the U.P. Legislative Council. The reasons for this enactment are given below.
(2) In the developing areas of the State of Uttar Pradesh. the problems of town planning and urban development need to be tacked resolutely. The existing local bodies and other authorities inspite of their best efforts have not been able to cope with these problems to the desired extent. In order to bring about improvement in this situation. the Stat
(1) This Act may be called the Uttar Pradesh Urban Planing and Development Act, 1973.
(2) It extends to the whole of Uttar Pradesh, excluding Cantonment areas and lands, owned, requisitioned or taken on lease by the Central Government for the purposes of defence.
In this Act unless the context otherwise requires-
'amenity' includes road, water supply. street lighting, drainage, sewerage. public works and such other convenience as the State Government may, by notification in the Gazette specify to be an amenity for the purposes of this Act.,
'building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not:
building operations' includes rebuilding structural alterations of, or additions to, buildings operations normally undertaken in connection the construction of buildings:
(d) 'bye-law' means a bye-law made under this Act by the Development Authority:
(dd) 'Chairman' and 'Vice-Chairman shall mean respectively the Chairman and Vice-Chairman of the Development Authority.]
If in the opinion of the State Government any-area within the State requires to be developed according to plan it may, by notification in the Gazette. declare the area to be a development area.
(1) The State Government may, by notification in the Gazette, constitute for the purposes of this Act, an Authority to be called the Development Authority for any development area.
(2) The Authority shall be a body corporate, by the name given to it in the said notification, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
(3) The Authority in respect of a development area which includes whole or any part of a city as defined in the [Uttar Pradesh Municipal Corporation Act. 1959), shall consist of the following members namely-
a Chairman to be appointed by the State Government:
a Vice-Chairman to be appointed by the State Government:
the Secretary to the State Government, in charge of the Department in which, for the
(1) The State Government may appoint two suitable persons respectively as the Secretary and the Chief Accounts Officer of the Authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority or its Vice-Chairman.
Subject to such control and restrictions as may be determined by general or special order of the State Government, the Authority may appoint such number of other officer and employees as may be necessary for the efficient performance of its functions andmay determine their designations and grades.
The Secretary, the Chief Accounts Officer and other Officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and allowances and shall be governed by such salaries and allowances and shall be governed by other conditions of service as may be determined by regulations made in that behalf.
(1) Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification create one or more 'Development Authorities Centralised Services for such posts, other than the posts mentioned in Sub-Section (1) of Section 59, as the State Government may deem fit, common to all the Development Authorities, and may prescribe the manner and conditions of recruitment to and the terms and conditions of service of person appointed to such service.
(2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralized) Services Rules, 1966. or serving on deputation, shall, unless he opts otherwise, be absorbed in such service.-
finally, if he was already confirmed in his post, and
(1) The State Government may, if itthinks fit, constitute an advisory council for the Purpose of advising Authority on the preparation of the master Plan and on such other matters relating to the planning of development or arising out of, or in connection with, the administration of this Act as may be referred to it by the Authority
(2) The Advisory Council in respect of a development area in Sub-section (3) of Section 4 shall consist of the following members namely-
the Chairman of the Authority ex-officio, who shall be the President.
the Chief Town and Country Planner, Uttar Pradesh, and the Chief Engineer, Local Self-Government Engineering Department, Uttar Pradesh, ex officio:
the Director, Medical and Health Services, Uttar Pradesh, or his nominee who shall not be below the rank of a Deputy Director, ex officio:
four representatives of the local
The objects of the Authority shall be promote and secure the development of the development area according to plan and for that purpose the Authority shall have the Power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with the supply of water and electricity to dispose of sewage and to provide and maintain other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:
Provided that save as provided In this Act nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
(1) The Authority shall, as soon as may be, prepare a master plan for the development area.
(2) The master plan shall-define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and
serve as a basic pattern of framework within which the Zonal. development plans of the various zones may be prepared.
(3) The master plan may provide for any other matter which may be necessary for the proper development of the development area.
(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development" plan for each of the zones into which the development area may be divided.
(2) A zonal development plan may-
contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;
specify the standards of population density and building density;
show every area in the zone which may, in the opinion of the Authority, be required or declared for development or re-development; and
(i) the division of any site Into plots for the erection of buildings;
(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation-grounds, schools, markets and other public purposes:
(iii)the development of any area Into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out,
(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings:
(v) the alignment of buildings of any site;
(vi) the architectural features of the elevation or frontage of any building to be erected on any site,
(vii)the number of residential buildings which may be erected on plot or site;
(viii) the amenities to b
(1) In this section and in Sections 11, 12, 14 and 16 the word plan means the master plan as well as the zonal development plan for a zone
(2) Every plan shall, as may be after its preparation be submitted by tile Authority to the State Goverininent for approval and that Government may either approve the plan without modification or with out modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.
(1) Before preparing any plan finally and submitting it to the 'Abate Government for approval, the Authority shall prepare a plan in and publish it by making a copy thereof available for inspection publishing a notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions from any person person with respect to the draft plan before such date as may be specified in the notice.
(2) The Authority shall also give reasonable opportunity to every local authority within whose local limits an land touched by the plan is situated, to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations", that may have been received by the Authority. the Authority shall finally prepare the plan and submit it to the State Government for its approval.
(4) Subject to the foregoing provisions of this sec
(1) Where in any developments area, any building occupied wholly for non-residential purposes or partly for residential and partly for non-residential purposes abuts an arterial road, the occupier of such building, shall be bound to repair whitewash, colour-wash or paint the facade of such building at his OM cost in accordance with any bye laws made in that behalf.
(2) Where the authority. with a view to ensuring symmetry with any' colour-scheme or other specification made in that behalf considers it necessary or expedient so to do, or where any occupier fails to repair, white-wash, colour wash or paint the facade of any building in accordance with Sub-section (1), it may by order require that the said work sh.9.11 Le carried out by the Authority itself or under Its direction, and may accordingly, also require the occupier to pay the cost of such work to the Authority.
(3) The cost of any work referred to in Sub-section (
(1) The Authority may make any amendments in the master plan or the zonal development plan as it thinks fit, being amendments which, in its opinion do not effect important alteration in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The State Government may make amendments in the master plan or the zonal development plan whether such amendments are of the nature specified in Sub-section (1) or otherwise.
(3) Before making any amendments in the plan, the Authority, or as the case may be, the State Government shall publish a notice in at least one newspaper having circulation in the development area inviting objections and suggestions from any person with respect to the proposed amendments before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the State Government.<
(1) After the declaration of any area as development area under Section 3, no development of -land shall be undertaken or carried out or continued in that area by any person or body (including a department of Government)- unless permission for such development has been obtained in writing from the [Vice-Chairman) in accordance with the provision of this Act.
(2) After the coming into operation of any of the plans in any development area no development shall be undertaken or carried out or continued in that area unless such- development is also in accordance, with such plans.
(3) Notwithstanding anything contained In Sub-sections (1) and (2), the following provisions shall apply in relation-to development of land by any department of any State Government or the Central Government or any local authority-
when any such department or local authority intends to carry out any development of land it shall
(1) Every person or body (other than any department of Government or any local authority) desiring to obtain the permission referred to in Section 14 shall make an application in writing to the 3[Vice-Chairman in such form and containing such particulars in respect of the development to which the Application relates as may be prescribed by 4(bye-laws).
(2) Every application under Sub-section (1) shall be accompained by such fee as may be prescribed by rules.
5[(2-A) The Authority shall be entitled to levy development fees mutation charges, stacking. fees and water fees in such manner and at such rates as may be prescribed.]
6[Provided that the amount of stacking fees levied in respect of an area which is not being developed or has not been developed. by the Authority. shall be transferred to the local authority within whose local limits such area Is situated.]
(3) On the rece
After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise that in conformity with such plan :
Provided that it shall be lawful to continue to use, upon such terms and conditions as may be prescribed by bye-laws made in that behalf, any land or building for the purposes and to the extent for and to which it is being used upon the date on which such plan comes into force
(1) If in the opinion of the State Government any land is required for the purpose of development or for any other purpose, under this Act the State Government may acquire such land under the Provisions of the Land Acquisition Act,1894:
Provided that any person from whom any land is so acquired may after the expiration of a period of five years room the date of such acquisition apply to the State Government for restoration of that land to him on the ground that the land has not been utilized within the period for the purpose for which it was acquired, and if the State Government is satisfied to that effect it shall order restoration of the land to him on re-payment of the charges which were incurred in connection with the acquisition together with interest at the rate of twelve in connection with the acquisition together with interest at the rate of twelve per cent per annum and such development charges as if any may have been incurred after a
(1) Subject to any directions given by the State Government in this behalf, the Authority or, as the case may be, the local Authority concerned may dispose of
any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or
any such land after undertaking or carrying out such development as it thinks fit.
to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of the development area according to plan.
(2) Nothing in this Act shall be construed as enabling the Authority or the local Authority concerned to dispose of land by way of gift,(***) but subject thereto, references in this Act, to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation o
(1) The State Government may, by notification in the Gazette and upon such terms conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority all or any developed and undeveloped lands in the development area vested in the State (known and hereinafter referred to as 'nazul lands'), for the purpose of development in accordance with the provisions of the Act,
[2) After any nazul land has been placed at the disposal of the Authority under Sub-section (1), no development of any such land shall be undertaken or carried out except by or under the control an supervision of the Authority.
(3) After any such nazul land has been developed by or under the control and supervision of the Authority it shall be dealt with by the Authority in accordance with directions given by the State Government in that behalf.
(4) If any nazul land placed at the disposal of
(1) The Authority shall have an maintain its own fund to which shall be credited-
all moneys received by the Authority from the State Government by way of grants, loans, advances or otherwise:
(b) all moneys borrowed b the Authority from source y the State Government by way of loans or debentures;
all 1[fees, tolls and charges] received by the Authority under this Act:
all moneys received by the Authority from the disposal of lands, buildings and other properties, movable and immovable and
all moneys received by the Authority by way of rents and profits or in any other manner or from any other source,
(2) The fund shall be applied towards meeting the expenses incurred by Authority in the administration of this Act and for no other purpose;
(3) Subject to any directions of the State Government, the Author
The Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form and on or before such date as the State Government may specify and such report shall be laid before both houses of the Legislature.
(1) The Authority may constitute for the benefit of its whole time paid members and of its officers and other employees in such manner and subject to such conditions, as the State Government may specify, such pension or Provident funds as it may deem.
(2) Where any such person, or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were Government Provident Fund.
The Vice-Chairman of the Authority may authorise any person to enter in or upon any land or building with or without assistants or workmen for the purpose of-
making any inquiry, inspection, measurement or survey or taking levels of such land or building:
examining works under construction and ascertaining the course of sewers and drains.
digging or boring into the sub-soil;
setting out boundaries and intended lines of work;
making such levels, boundaries and lines by placing marks and cutting trenches;
ascertaining whether any land is being or has been developed without of the master plan Of zonal developed in contravention of the master plan of zonel development plan or without the permission referred to in Section 14 or in contravention of any condition subject to which such permission has been granted; or
(1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land, in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 14 or in contravention of any condition subject to which such permission approval or sanction has been granted shall be punishable with fine which may extend to [Fifty thousand] rupees, and in the case of a continuing offence, with further fine which may extend to 2[Two thousand five hundred] rupees for every day during which such offence continues after conviction for the first commission of the offence.
(2) Any person who uses any land or building in contravention of the provisions of Section 16 or in contravention of any terms and conditions prescribed by regulations under the proviso to that section shall be punishable with f
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(1) Whoever makes any encroachment on any land not being private property, whether such land belongs to or vests in the authority or not in a development area, except steps over drain in any public street, shall be punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees.
(2) Any offence punishable under Sub-section (1) shall be cognizable.
(3) Whoever by placing or depositing building material or any other thing whatsoever, or otherwise makes any obstruction in any street or land not being private property, whether such street or land belongs to or vests in the Authority or not in a development area, except steps over drain in any public street. or placing of building material during such period as may be permitted on payment of stacking fees on a public street of public place, shall be punishable with simple imprisonment
Any person aggrieved by the removal of obstruction or encroachment under Sub-section (4) of Section 26-A may within thirty days from the date of such removal prefer a claim for compensation or restitution or both before the Tribunal against either the Anithority, or the officer ordering the removal or against both, and for making such officer personally liable for the loss caused to him due to such removal.
The District Judge having territorial jurisdiction over the area in which the removal -of encroachment or obstruction as provided in Sub- section (4)of Section 26-A has taken place shall be the Tribunal for the Purposes of this section.
Every order of the Tribunal for payment of any compensation for the restitution of any Immovable property shall be deemed to be a decree of the Civil Court and shall be executable as such.
Provided that if the Tribunal awards any compensation again any officer pe
The Authority or an officer authorised by it in this behalf may, without notice, cause to be removed-
Any wall, fence, rail, post. Step, booth or other structure whether fixed or movable and whether of a permanent or temporary nature or any fixture which shall be erected, or set in or upon or over any street or upon or over any open channel, drain. well or tank contrary to the provisions of this Act.
Any stall, chair, bench, box, ladder, bale, board or shelf of any other thing whatever placed,deposited, projected,attached or suspended in, upon, from or to any place in contravention of this Act.
Whoever specially entrusted with the duty to stop or prevent the encroachment or obstruction under this Act or any other Act, rules or bye-laws wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both.
(1) Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction referred to in Section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the development area, then, without prejudice to the provisions of Section 26, 1[the Vice-Chairman or any officer of the Authority empowered by him in that behalf) may make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of removal, with a brief statement of the reasons he therefore, has been delivered to the owner or that person as may be specified
(I) Where any development in a development area has been commenced or continued in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 14 or In contravention of any conditions subject to which such permission, approval or sanction has been granted, then, without prejudice to the provisions of Sections 26 and 27, the Vice Chairman of the Authority or any officer of the Authority empowered by him in that behalf may make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
Where such development is not discontinued in pursuance of the order under Sub-section (1), the Vice-Chairman or the said officer of the Authority may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of developm
(1). It shall be lawful for the Vice-Chairman or an officer empowered by him in the behalf, as the case may be, at any time before or after making an order for the removal or discontinuance of any development under Section 27 or Section 28 to make any order directing the sealing of such development in a development area in such manner as may be prescribed for the purposes of carrying out the provisions of this Act.
(2) Where any development has been scaled, the Vice-Chairman or the officer empowered by him in this behalf, as the case may be, for purpose of removing or discontinuing such development order the seal be removed.
No person shall remove such seal except under an order made under Sub-section (2) by the Vice-Chairman, or the officer empowered by him in this behalf.
Any person aggrieved by an order made under Sub-section (1) or sub-section (2) may appeal to the Chairman against that order wi
After a Master Plan or Zonal Development Plan has come into operation under section 12, the Development Authority or its Vice-Chairman shall have such other powers and functions exercisable by the local authority concerned or its Chief Executive Officer, as the case may be, under the enactment constituting that local authority subject to such exceptions or modifications, as the State Government may by notification in the Gazette specify.
(1) If the person committing an offence under this Act is a company, every person, who, at the time the ffence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this Sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent commission of such offence.
(2) Notwithstanding anything contained in Sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance, of, or is attributable to any neglect on the part of, any director, manager, secretary or
All fines realised in connection with prosecutions under this Act shall be paid to the Authority.
(1) Any offence made punishable by or under this Act may either before or after the institution of proceedings, be compounded-by the [Vice-Chairman (or any officer authorised by him in that behalf by General or Special order)] on such terms, including any term as regards payment of a composition fee, as the [Vice-Chairman) (or such officer) may think fit.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
(1) If the Authority, after holding a local inquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in a development area has not been provided in relation to that land which, in the opinion of the Authority, ought to have been or ought to be provided, or that any development of the land for which permission approval or sanction had been obtained under this Act or under any law, in force before the coming into force of this Act has not been carried out, it may, after affording the owner of the land or the person providing or. responsible for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the development within such time as may be specified in the order.
(2) If any amenity is not provided or any such development is carried out within the time specified in the order, then the Authority may i
Where any area has been developed by the Authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local Authority, and where such terms and conditions cannot be agreed upon, then on a reference of the matter to the State Government by the Authority, on terms and conditions settled by the Government in consultation with the local Authority.
(1) Where in the opinion of the Authority, as a consequence of any development scheme having been executed by the Authority in any development area, the value of any property in that area which has been benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:
Provided that no betterment charge shall be levied in respect lands owned by Government:
Provided further that where any land belonging to Government has been granted by way of lease or licence by Government to any person, then that land and any building situate thercon shall be subject to a betterment charge under this section.
(2) Such betterment charge shall be an amount-
(i)in resp
(1) When it appears to the 1[Vice-Chairman) that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge the determined, the 2[Vice-Chairman) may, by an order made in that behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or person having an interest therein that the 1[Vice-Chairman] proposes to assess the amount of the betterment charge in respect of the property under Section 34.
(2) The [Vice-Chairman) shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the,3[Vice-Chairman) inform the 4[Vice-Chairman] by a declaration in writing that he a
10[Except as provided in Section 41. every decision] of the Chairman on appeal, and subject only to any decision on appeal (if It lies and is preferred), the order of the Vice-Chairman or other officer under Section 15, or Section 27, shall be final and shall not be questioned in any Court).
(1) The betterment charge levied under this Act shall be payable in such number of installments, and each installment shall be payable at such time and in such manner, as may be fixed by bye-laws made in that behalf.
(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue, and no suit shall lie in the civil court for recovery of such arrear.
(1) The duty Imposed by the Indian Stamp Act, 1879, on any deed of transfer of immovable property shall,in the case of an immovable Property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act:
Provided that the State Government may, by notification in the Gazette, enhance, the aforementioned percentage of the increase in stamp duty up to five.
(2) All collections resulting from the said increase shall after deduction of incidental expenses, if any, be allocated and paid by the State Government in its discretion. either to the Development Authority alone or to the Development Authority, the Uttar Pradesh Avas Evam Vikas Parishad and the Nagar Mahapalika or the Municipal Board, as the case may be, in such proportion as from time to time be determined, in such manner and in accordance with such princip
The Authority shall be entitled to charge and collect toll, for the use of approach roads and other amenities at such rate and in such manner as may be notified by the State Government, from visitors, to such places of popular resort (including any ancient and historical monuments) within its development area as may be so notified:
Provided that-
(a) the rate of toll per visitor, shall not exceed (rupees one hundred);
(b) the State Government may be notification, exempt any classes of visitors from the payment of the toll and may fix any days on which no toll shall be chargeable).
Any money due to an Authority on account of any fee; or charges, or form disposal of land, building or any other property, movable or immovable, by way of rent, premium, profit or hire purchase instalment, may, without prejudice to the right of recovery by any other mode of recovery provided by or under this Act or any other law for the time being in force, be realised-
(a) either, as arrears of land revenue upon a certificate of the amount due sent by the Authority to the collector,or
(b) by attachment and sale of property in the manner provided in Sections 504,505,506,507,508,509,510,512,513 and 514 of the 4(Uttar Pradesh Municipal Corporation, 1959) (2 of 1959); and such provisions of the said (Act) shall mutatis mutandis apply to recovery of dues of an Authority as they apply to recovery of a tax due to a (Municipal Corporation), so however, that references in the aforesaid section of the said Adhiniyam to 'Mukhya Nag
(1) The [Authority),the Chairman or the (Vice-Chairman] shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by the [Authority, the Chairman or the Vice-Chairman) under this Act any dispute arises between the authority, the Chairman or the Vice-Chairman) and the State Government the decision of the State Government on such dispute shall be final.
(3) The State Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the [Authority or the Chairman) for the purpose of satisfying itself as to the legalitv or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fi
Section 41 of the Uttar Pradesh Urban Planning and Development Act, 1973, confers control and supervisory powers upon the State Government over the Development Authority and its functioning. It ensures that the State Government retains the ultimate authority to issue directions, control land use decisions, and review orders passed by the Development Authority, thereby integrating urban planning decisions with state-level governance. This section acts as a critical check on the discretionary powers of the Authority and provides a mechanism for the State Government to intervene in matters of urban development, land allocation, and enforcement of planning regulations.
Section 41 primarily deals with the control by the State Government over the Development Authority. It empowers the State Government to issue directions to the Authority, the Chairman, or the Vice-Chairman regarding the exercise of their powers and functions under the Act. The section enables the State Government to review and override decisions of the Authority, particularly in matters involving land disputes, encroachment, compounding of violations, and enforcement actions. It also provides for the State Government to pass final orders in appeals against orders of the Development Authority.
The scope of Section 41 is broad and encompasses:1. Power to control and direct the Development Authority in the exercise of its statutory functions.2. Power to review and quash orders of the Authority that are contrary to law, facts, or legal positions established on record.3. Power to grant relief in cases where the Authority has failed to act correctly, such as in matters of compounding of constructions or encroachment.4. Power to decide appeals against orders of the Development Authority.5. Power to issue directions for the implementation of government policies and orders relating to urban development.6. Power to ensure compliance with statutory obligations, including the delivery of physical possession of allotted plots.7. Power to examine the legality of orders passed by subordinate authorities under the Act.8. Power to intervene in matters where the rights of allottees or landowners are affected by the Authority's decisions.
The Uttar Pradesh Urban Planning and Development Act, 1973, under Section 41 itself does not prescribe any punishment or penalty. However, the Act contains separate provisions for penalties and punishments for violations of its provisions, such as:- Section 26: Penalty for encroachment or obstruction on public land.- Section 26-A: Penalty for not preventing encroachment.- Section 27: Order for demolition of buildings constructed in violation of the Act.- Section 26-D: Penalty for contravention of provisions of the Act.
Section 41 serves as a control mechanism rather than a punitive provision. It enables the State Government to ensure that the Development Authority acts within the bounds of its statutory powers and in accordance with the law. Any misuse of powers under the Act may result in action under the relevant penalty provisions, but Section 41 itself is a directive and supervisory provision rather than a penal one.
(1) The Authority shall furnish to the State Government such reports, returns and other information as that Government may from time to time require.
(2) Without prejudice to the provisions of Sub-section (1), the State Government or any officer authorised by the State Government in that behalf, may call reports, returns and other information from the Authority, or the local authority concerned in regard to the implementation of the Master Plan.
(3) Any person authorised by the State Government or the officer referred to in Sub-section (2) may enter into or upon any land with of without assistants or workmen for ascertaining whether the provisions of the Master Plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
(4) No such entry shall be made except between the hours of sunrise and sunset and without giving reasonable no
(1) All notices, orders and other documents required by this Act or any rule or regulation made and thereunder to be served upon any person shall save as otherwise provided in this Act or such rule or regulation be deemed to be duly served-
Where the person to be served is a company if the document is addressed to the secretary of the company at its registered Office or at its principal office or place of business and is either-
(i)sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company,
where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it by the name or style under which its business is carried on,and is either-
(i)sent by registered post, or
(ii) delivered at the said place
Every public notice given under this Act shall be In writing over the signature of the secretary to the Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a newspaper having circulation in the locality or by two or more of these means, and by any other means that the Secretary may think fit.
Where any notice order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the Secretary to the Authority or any other officer authorised by the Authority in that behalf.
Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
No Court inferior to that Magistrate of the first class shall try an offence punishable under this Act.
No prosecution for any offence punishable under this Act shall be instituted except with the sanction of the Vice-Chairman of the Authority or any officer authorised by him in that behalf.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done tinder this Act or any rule or regulation made thereunder.
(1) The State Government may by general or special order, direct that any power exercisable by it under this Act except the power to make rules, may also be exercised by such officer in such cases and subject to such conditions if any, as may be specified therein.
(2) The Authority, may by general or special order, direct that any power exercisable by it under this Act except the power to make regulations or bye-laws, may also be exercised by such officer or local authority, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Vice-Chairrnan of the Authority may by general or special order direct that any power exercisable by him under this Act may also be exercised by such officer of the Authoritv in such cases and subject to such conditions, if any, as may be specified therein.
the carrying out of works for the maintenance, improvement or other alterations of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
the carrying out by any local authority or by any department of Government of any works for the purpose of inspecting repairing or renewing any drains, sewers, mains, pipes cables or other apparatus including the breaking open of any street or other land for that purpose;
the operational construction, (including maintenance, development and new construction) by or on behalf of a department of the Central Government;
the erection of building, not being a dwelling house, if such building is required for the purposes subservient to agriculture;
the excavations (including wells) made in the ordinary course of agricultural operations; and
Notwithstanding anything contained In this Act, the State Government may by notification in the Gazette exempt, subject to such conditions and restrictions, if any, as may be specified in such notification any land or building or class of lands or buildings from all or any of the provisions of this Act or rules or regulations made thereunder.
(1). Where any land situated in the development area is required by the Master Plan or a zonal Development Plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years from the date of coming into operation of the Plan under Section 12 or where such land has been so required or designated by any amendment of such plan, from the date of coming into operation of such amendment, under Sub-section (4) of Section 13, the land is not compulsorily acquired the owner of land may serve on the State Government a notice requiring his interest in the land to be so acquired.
(2) If the State Government fails to acquire such land within a period of six months from the date of the notice, the Master Plan or, as the case may be, the Zonal Development Plan shall have effect after the expiration of the said six months, as if that land were not required to be kept
(1) The State Government may, by notification in the Gazatte, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the force going power, such rules may provide for all or any of the following matters, namely-
[(a) the levy of fee on a memorandum of appeal under Sub-section (5) of Section 15 or under Sub-section (2) of Section 27)
(b) the procedure to be followed by the [Chairman] in the determination of betterment charge, and the powers that it shall have for that purpose;
any other matter which has to be, or may be, prescribed by rules.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, extending in its one session, or more than one succes
(1) An Authority may,with the previous approval of the State Government, make regulations not inconsistent with this Act and the rule made thereunder for the administration of the affairs of the Authority.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely-
the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
the powers and duties of the Secretary and Chief Accounts Officer of the Authority:
the salaries, allowance and conditions of service of the Secretary, Chief Accounts Officer and other officers and employees:
the procedure for carrying out the functions of the Authority under Chap
The Authority may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made thereunder for carrying out the purposes in this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may 10 provide for-
(a) the form in which any application for permission under Sub-section(1) of Section 15 shall be made and the particulars to be furnished in such application:
the terms and conditions referred to in Section 16, subject to which the user of lands and buildings in contravention of plans may be continued:
(bb) the guiding principles for composition of offences under Section 32);
(c) the time and manner of payment of betterment charge under Section 30.
the grant of licences to architects, town planning engineers, surveyors, draftsmen fo
(1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, that Government may by notification in the Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
(2) From the said date-
all properties, funds and dues which are vested in or realisable by, the Authority shall vest in, or be realisable by, the State Government;
all nazul lands placed at the disposal of the Authority shall revert to the State Government:
all liabilities which are enforceable against the Authority shag be enforceable against the State Government: and
f
(1) (a) The operation of Clause (c) of Section 5, Sections 54, 55 and 56, Clause (xxxiii) of Section 114, Sub-section (3) of Section 117, Clause (c) of Sub-section (1) of Section 119, Section 191, Sections 316, 317,318, 319, 320, 321, 322, 323, 324. 325, 326. 327, 328, 329 and 333, Clauses (a) and (b) of Sub-section (1) of Section 334, Sections 335, 336, Chapter XIV of the Uttar Pradesh 4[U.P. Municipal Corporation Act, 1959] Sections 178, 179. 180, 180-A, 18 1. 182, 183. 184, 185, 186. 203. 204. 205. 206, 207, 208, 209, 210 and 222 of the [U. P. Municipalities Act. 1916) (or the said sections as extended under Section 338 thereof or under Section 38 of the United Provinces Town Areas Act, 1914), or as the, case may be, of Sections 162 to 171 of the [The U.P. Kshetra Panchayat Zila Panchayat Adhiniyam, 1961) and of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 and the Uttar Pradesh Avas- Evam Vikas Parishad Adhiniyam. 1965, (except in relation to th
(1) The Uttar Pradesh Urban Planning and Development Ordinance, 1973 (U.P. Ordinance 7 of 1973), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 12th day of June, 1973.
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