The Uttar Pradesh Urban Planning & Development Act,- 1973
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act2 THE UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT ACT, 19731 [President's ACT No. 11 of 1973] Amended by U. P. Act No. 30 of 1974 U. P. Act No. 13 of 1975 U. P. Act No. 19 of 1976 U. P. Act No. 41 of 1976 U. P. Act No. 47 of 1976 U. P. Act No. 48 of 1976 U. P. Act No. 14 of 1978 U. P. Act No. 10 of 1980 U. P. Act No. 06 of 1982 U. P. Act No. 28 of 1983 U. P. Act No. 21 of 1985 U. P. Act No. 01 of 1995 U. P. Act No. 03 of 1997 U. P. Act No. 09 of 2000 U. P. Act No. 01 of 2008 U. P. Act No. 12 of 2023 U.P. Act No. 01 of 2025 The following Presidentβs Act enacted on September 2, 1973 is published for general information : 2[IT IS HEREBY enacted as follows :-] AN ACT to provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto. In exercise of the powers conferred by section 3 of the Uttar Pradesh State Legislature (Delegation of Powers) Act, 1973, the President is pleased to enact as follows: ββββββββββββββββββββββββββββββββββββββββββ 1. For SOR see at the end of this Act. 2. Subs. by title of the act of U. P. Act No. 30 of 1974. [The Uttar Pradesh Urban Planning and Development Act, 1973] 4 CHAPTER I PRELIMINARY Short title and extent 1. (1) This Act may be called the Uttar Pradesh Urban Plann ing 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 purpose of defence. Definitions 2. In this Act unless the context otherwise requires- 1 [(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public parks and open spaces, solid waste management and disposal sewage treatment plant and other public works including including utilities, services and such other conveniences as the State Government may, by notification in the Gazette, specify to be an amenity for the purposes of this Act.] (b) "building" includes any structure or erection or part of a structure or erection which is intended to be used f or residential, industrial, commercial or other purposes, whether in actual use or not; (c) "building operations" includes rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connectio n with the construction of buildings; (d) "bye -law" means a bye -law made under this Act by the Development Authority; 2[(dd) "Chairman" and "Vice -Chairman" shall mean respectively the Chairman and the Vice-Chairman of the Development Authority.] 3[(ddd) "city development charge" means the charge means the charge levied on private developer under section 38 -A for the development of land;] (e) "devel opment", with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land, and includes re-development; (f)"development area" means any area declared to be a development area under section 3; (g) "the Development Authority" or "the Authority", in relation to any development area, means the Development Authority constituted under section 4 for that area; 4[(gg) " Development Authorities Centralised Service" means a Centralised service created under section 5-A.] 5[(ggg) "development fee" means the fee levied under section 15 for providing amenities in the development area and improvement and maintenance thereof.] ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2(a) of U.P. Act no. 12 of 2023. 2. Ins. by sec. 5 of U. P. Act No. 13 of 1975. 3. Ins. by sec. 2(a) of U. P. Act No. 01 of 2008. 4. Ins. by sec. 2 of U. P. Act No. 21 of 1985. 5. Subs. by sec. 2 (b) of U. P. Act No. 12 of 2023. The Uttar Pradesh Urban Planning and Development Act, 1973] 6 (h) "engineering operations" includes the formation or laying out means of access to a road or the laying out of means of water supply; 1[(hh) "land use conversion charge" means the charge levied on a person or body under section 3 8-A for the change of land use in the Master Plan or Zonal Development Plan; (hhh) "license fee" means the fee levied on a private developer under section 39 -B seeking license for assembly and development of land within the development area;] (i) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road; 2[(ii) "mutation charges" means the charges levied under section 15 upon the person seeking mutation in his name of a property allotted by the Authority to another person;] 3 [(iii) "private developer" means an individual, company or association, body of individuals whether incorporated or not, owning or assembling or agreeing to own or assemble, whether by purchase or otherwise lan d for development and to whom a license has been granted under section 39-B of this Act.] (j) "regulation" means a regulation made under this Act by t he Development Authority; (k) "rule" means a rule made under this Act by the State Government; 4[(kk) βspecial amenityβ includes projects of vital imortance such as mass rapid transit systems (metro rail, light rail, regional rapid rail, bus rapid transit system, ropeway, etc.), freeways (elevated roads, etc.) urban revitalization projects (river front devel opment etc.) or any other major infrastructure project which may be notified to be as such by the State Government; (kkk) βspecial amenity feeβ means the fee levied under sub - section (2 -B) of section 15 for provision of special amenities in the development area and improvement and maintenance thereof.] 5[(kkkk) βstacking feesβ means the fees levied under section 15 upon the person or body who keeps building materials on the land of the Authority or on a public street or public place.] (l) "to erect a bui lding", with its grammatical variations, includes- (i) any material alteration or enlargement of any building; (ii) the conversion, by structural alteration- 6[(ll) "urban use charge" means the charge levied upon a person or body under section 38B.] 7[(lll) "water fees" means the fees levied under section 15 upon a person or body for using water supplied by the Authority for building operation or construction of buildings.] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 (b) of U. P. Act No. 01 of 2008. 2. Ins. by sec. 2 (b) of U. P. Act No. 03 of 1997. 3. Ins. by sec. 2 (c) of U. P. Act No. 01 of 2008. 4. Ins. by sec. 2 (c) of U. P. Act No. 12 of 2023. 5. Re-numbered as such by sec. 2(d) of U.P. Act No. 12 of 2023. 6. Ins. by sec. 2 (e) of ibid. 7. Renumbered as such by sec. 2(f) of ibid. The Uttar Pradesh Urban Planning and Development Act, 1973] 8 (a) of a building not originally constructed for human habitation into a place for human habitation; or (b) into more than one place for human habitation, of a building originally constructed as one such place; or (c) of two or more places of human habitation, into a greater number of such places; (iii) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security; (iv) the addition of any rooms, buildings, houses or other structures to any building; and (v) the construction , in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land; (m) "zone" means any one of the divisions in which a development area may be divided for the purposes of development under this Act; (n) the expression "land" has the meaning assigned to it in section 3 of the Land Acquisition Act, 1894. CHAPTER-II THE DEVELOPMENT AUTHORITY AND ITS OBJECTS Declaration of development areas 3. If in the opinion of the State Government any area withi n the State requires to be developed according to plan it may, by notification in the Gazette, declare the area to be a development area. The Development Authority 4. (1) The State Government may, by notification in the Gazette, constitute for the purpose s 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 respec t of a development area which includes the whole or any part of a city as defined in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, shall consist of the following members, namely,β (a) a Chairman to be appointed by the State Government; 1[(b) a Vice -Chairman t o be appointed or authorised by the State Government.] 2[(c) the Secretary to the State Government, incharge of the Department in which, for the time being, the business relating to the Development Authorities is transacted, ex-officio.] ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2(a) of U.P. Act No. 1 of 2025. 2. Subs. by sec. 3 of U. P. Act No. 21 of 1985. The Uttar Pradesh Urban Planning and Development Act, 1973] 10 (d) the Secretary to the State Government, incharge of the Department of Finance, ex-officio; (e) the Chief Town and Country Planner, Uttar Pradesh, ex - officio; 1[(f) the Managing Director of the Jal Nigam, established under the Uttar Pradesh Water Supply and Sewerage Act, 1975, ex-officio;] (g) the Mukhya Nagar Adhikari, ex-officio; (h) the District Magistrate of every district included in the development area, ex-officio; (i) four members to be elected by Sabhasads of the Nagar Mahapalika for the said city from amongst themselves: Provided that any such member shall cease t o hold office as such as soon as he ceases to be Sabhasad of the Nagar Mahapalika. (j) such other members not exceeding three as may be nominated by the State Government. (4) 2[* * *] (5) The Vice -Chairman shall be entitled to receive from the funds of the Authority such salaries and allowances and be governed by such conditions of service as may be de termined by general or special order of the State Government in this behalf. (6) A member referred to in clause (c), clause (d), clause (e) or clause (f) of sub -section (3) may instead of attending a meeting of the Authority himself depute an officer, not below the rank of Deputy Secretary in his department, in the case of a member referred to in clause (c) or clause (d), and not below the rank of Town Planner in the case of a member referred to in clause (e) and not below the rank of Superintending Engineer in the case of a member referred to in clause (f), to attend the meeting. The officer so deputed shall have the right to take part in the proceedings of the meeting and shall also have the right to vote. (7) The Authority in respect of a development area other than that mentioned in sub -section (3) shall consist of a Chairman, a Vice - Chairman and not les s than five and not more than eleven such other members, including at least one member each from the Municipal Boards and Notified Area Committees hav ing jurisdiction in the development area, who shall hold office for such period and on such terms and cond itions, as may be determined by general or special order of the State Government in this behalf: Provided that the Vice -Chairman or a member other than an ex-officio member of the Authority may at any time by writing under his hand addressed to the State Government resign his office and on ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2 of U. P. Act No. 19 of 1976. 2. Omit. by sec. 2(b) of U.P. Act No. 1 of 2025 The Uttar Pradesh Urban Planning and Development Act, 1973] 12 such resignation being accepted shall be deemed to have vacated his office. (8) No act or pro ceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the Authority. Staff of the Authority 5. (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. (2) 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 othe r officers and employees as may be necessary for the efficient of performance of its functions and may determine their designations and grades. (3) The secretary, the chief accounts officer and other 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 other conditions of service as may be determined by regul ations made in that behalf. Creation of Centralised Services 1[5-A. (1) Notwithstanding anything to the c ontrary 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 (4) 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 persons appointed to such service. (2) Up on 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,β (a) finally, if he was already confirmed in his post, and (b) provisionally, if he was holding temporary or officiating appointment. (3) A person referred to in sub -section (2) may, wi thin three months from the creation of such Development Authorities Centralised Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralised Service, failing which ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4 of U. P. Act No. 21 of 1985. The Uttar Pradesh Urban Planning and Development Act, 1973] 14 he shall be deemed to have opted for final or provisional, as the case may be, absorption in such Centralised Service. (4) Suitability of a person absorbed provisionally, for final absorption in a Development Authorities Centralised Service, shall be examined in the manner prescribed and if found suitable he shall be absorbed finally. (5) The services of an employee who opts against absorption or who is not found suitable for final absorption, shall stand determined and he shall, without prejudice to his claim to a ny leave, pension, provident fund or gratuity which he would have been entitled to, be entitled to receive as compensation from the Development Authority concerned, an amount equal toβ (a) three months' salary, if he was a permanent employee; (b) one month's salary, if he was a temporary employee. ExplanationβFor the purposes of this sub -section the term 'salary' includes dearness allowance, personal pay and special pay, if any. (6) It shall be lawful for the State Government or any officer authorised by it in this behalf, to transfer any person holding any post in a Development Authorities Centralised Serv ice from one Development Authority to another.] Advisory Council 6. (1) The State Government may, if it thinks fit, constitute an advisory council for the purpose of advising the Authority on the preparation of the master plan and on such other matters r elating 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 referred to in sub -section (3) of section 4 shall consist of the following members, namely :β (a) the Chairman of the Authority, ex -officio, who shall be the President; (b) the Chief Town and Country Planner, Uttar Pradesh, and the Chief Engineer, Local Self -Government Engineering Department, Uttar Pradesh, ex-officio; (c) the Director, Medical and Health Services, Uttar Pradesh, or his nominee who shall not be below the rank of a Deputy Di rector, ex- officio; (d) four representatives of the local authorities having jurisdiction within the lim its of the development area, to be elected by their members from among themselves; (e) the Transport Commissioner, Uttar Pradesh, or his nominee who shall not be below the rank of Deputy Transport Commissioner, ex-officio; The Uttar Pradesh Urban Planning and Development Act, 1973] 16 (f) the Chairman, State Electricity Board, Uttar Pradesh or his nominee, ex-officio; (g) all the members of the House of the People and the State Legislative Assembly whose co nstituencies include any part of the development area; (h) all members of the Council of States and the State Legislative Council who have their residence in the development area; (i) three members to be nominated by the State Government, one of whom shall represent the interest of labour and one the interest of industry and commerce in the development area. (3) For the purpose of clause (h) of sub -section (2), the place of residence of a member of the Council of States or the State Legislative Council shall be deemed to be that mentioned in the notification of his election or nomination, as the case may be, as such member. (4) An elected member under clause (d) of sub -section (2) shall hold office for a term of three years from the date of his electi on to the council and shall be eligible for re-election: Provided that such term shall come to an end as soon as the member ceases to be a member of the local body from which he was elected. (5) The Advisory council, if any, in respect of a development area other than that mentioned in sub -section (2) shall consist of such members as may be determined by the State Government by general or special order in that behalf. (6) The 1[Advisory Council] shall meet as an d when called by the Chairman; Provided that such meeting shall be held at least twice a year. Objects of the Authority 2[7. The objects of the Authority shall be to promote and secure the d evelopment of the development area according to plan and for that purpose the Authority shall have the pow er 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, provision of other services, facilities and special amenitieis as the State Government may, by notification in the Gazette, specify and generally to do anything necessary or expe dient for purposes of such development and for purposes incidental thereto. Provided that save as provid ed 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.] ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 6 (6) of U. P. Act No. 13 of 1975. 2. Subs. by sec. 3 of U. P. Act No. 12 of 2023. The Uttar Pradesh Urban Planning and Development Act, 1973] 18 CHAPTER-III MASTER PLAN AND ZONAL DEVELOPMENT PLANS Civic survey of, and master plan for the development area 8. 1[(1) Subject to such control and restrictions as may from time to time be imposed by t he State Government, by special or general orders, the Board may appoint such officers and servants as it considers necessary for the efficient performance of its functions.] (2) The master plan shall- (a) 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) which any such development shall be carried out; and (b) serve as a basic pattern of frame -work 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. 2[(4) A master plan map be revised at the end of every ten years or earlier if the State Government so thinks fit.] Zonal Development plans 9. (1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall procee d 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- (a) contain 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 work s and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses; (b) specify the standards of population density and building density; (c) sho w every area in the zone which may, in the opinion of Authority, be required or declared for development or re -development; and the (d) in particular, contain provisions regarding all or any of the following matters, namely :β (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, ma rkets and other public purposes; (iii) the development of any area into a township or colony and the res trictions and conditions subject to which such development may be undertaken or carried out; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3 of U. P. Act No. 47 of 1976. 2. Subs. by sec. 4 of U. P. Act No. 12 of 2023. The Uttar Pradesh Urban Planning and Development Act, 1973] 20 (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 elev ation or frontage of any plot or site; (vii) the number of residential buildings which may be erected on any site; (viii) the amenities to be provid ed in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings de signed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction a nd the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for p urposes other than erection of buildings; (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Submission of plans to the State Government for approval 10. (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 soon as may be after its preparation be submitted by the Authority to the State Government for approval and that Government may either approve the plan without modification or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fres h plan according to such directions. Procedure to be followed in the preparation and approval of plan 11. (1) Before preparing any plan finally and s ubmitting it to the State Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and 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 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 any land touched by the plan is situated, to make any representation with respect to the plan. The Uttar Pradesh Urban Planning and Development Act, 1973] 22 (3) After considering all obj ections, 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 section, the Stat e Government may direct the Authority to furnish such information as that Government may require for the purpose of approving any plan submitted to it under this section. Date of commencement of plan 12. Immediately after a plan has been approved by the S tate Government, the Authority shall publish in such manner as the State Government may specify, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours, and upon the date of the f irst publication of the aforesaid notice the plan shall come into operation. CHAPTER-III A ARTIERIAL ROADSIDE DEVELOPMENT AREA Maintenance and improvement of facade of certain building abutting artierial made 1 [12-A. (1) Where in any development area, a ny 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, white -wash, colour- wash or paint the facade of such b uilding at his own 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 shall be 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 (2) shall be calculated on a 'no profit', no loss basis, and in case of any dispute about the reasonableness of the amount r equired to be deposited, the same shall be decided by the State Government, and subject thereto, the order of the Authority shall be final and shall not be called in question in any court. (4) In case of non -payment by an occupier of the whole or part of the cost of any work referred to in sub -section (2), it shall, on the certificate of the Vice -Chairman, be recoverable from the occupier as arrears of land revenue. ExplanationβIn this sectionβ (a) the expression 'arterial road' shall have the meaning assigned to it in the bye-laws ; (b) the expression 'occupier', in relation to a building, means the person in actual occupation or use of the building, and includesβ ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 3 of U. P. Act No. 19 of 1976. The Uttar Pradesh Urban Planning and Development Act, 1973] 24 (i) the owner (which expression shall include an agent or trustee or a receiver, sequestrator or manager appointed by a court, or a mortgagee with possession of the building) in occupation ; (ii) the tenant who for the time being is paying or is liable to pay rent in respect thereof to the owner ; (iii) the rent-free grantee or licensee thereof ; (iv) the person who is liable to pay to the owner damages for unauthorised use and occupation thereof.] CHAPTER-IV AMENDMENT OF THE MASTER PLAN AND THE ZONAL DEVELOPMENT PLAN Amendment of plans 13. (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 altera tions 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 A uthority, 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 a s may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the State Government. (4) Every amendment made under this section shall be published in such manner as the Authority or the State Government, as the case may be, may specify, and the amendments shall come into operation either on the date of the first publication or on such other date as the Authority or the State Government, as the case may be, may fix. (5) When the Authority make s any amendments in the plan under sub-section (1) it shall report to the State Government the full particulars of such amendments within thirty days of the date on which such amendments come into operation. (6) If any question arises whether the amendme nts proposed to be made by the Authority are amendments which effect important alterations in the character of the plan or whether they relate to the extent of land -uses or the standards of population density, it shall be referred to the State Government whose decision thereon shall be final. (7) Any reference in any other Chapter, except Chapter III, to the master plan or the zonal development plan shall be construed as a The Uttar Pradesh Urban Planning and Development Act, 1973] 26 reference to the master plan or the zonal development plan as amended under this section. CHAPTER-V DEVELOPMENT OF LANDS Development of land in the developed area 14. (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 1[Vice-Chairman] in accordance with the provisions 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 d epartment of any State Government or the Central Government or any local authority- (a) when any such de partment or local authority intends to carry out any development of land it shall inform the 1[Vice-Chairman] in writing of its intention to do so, giving full particulars thereof, including any plans and documents, at least 30 days before undertaking such development; (b) in the case of a department of any State Government or the Central Government, if the 1[Vice-Chairman] has no objections it should inform such department of the same within three weeks from the date of receipt by it under clause (a) of the department's intention, and if the 1[Vice-Chairman] does not make any objection within the said period the department shall be free to carry out the proposed development; (c) where the 1[Vice-Chairman] raises any objection to the proposed development on the ground that the development is not in conformity with any Master Plan or zonal development plan prepared or intended to be prepared by it, or on any other ground, such department or the local authority, as the case may be, shall ,β (i) either mak e necessary modifications in the proposal for development to meet the objections raised by the 1[Vice-Chairman]; or (ii) submit the proposals for development together with the objections raised by the 1[Vice-Chairman] to the State Government for decision under clause (d); (d) the State Government, on receipt of proposals for development together with the objections of the 1[Vice-Chairman], may ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 4 of U. P. Act No. 19 of 1976. The Uttar Pradesh Urban Planning and Development Act, 1973] 28 either approve the proposals with or without modifications or direct the department or the local authority, as the case may be, to make such modifications as pro- posed by the Government and the decision of the State Government shall be final; (e) the development of any land begun by any such department or subject to the provisions of section 59 by any such local authority before the declaration referred to in sub -section (1) may be co mpleted by that department or local authority without compliance with the requirement of sub-sections (1) and (2). Application for permission 15. (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 1[Vice-Chairman] in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by 2[by laws]. (2) Every application under sub -section (1) shall be accompanied by such fee as may be prescribed by rules. 3[(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 : 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.] 4[(2-B) Where in any development area, the State Government declares its intention to undertake one or more special amenity projects, the Authority shall be entitled to levy special amenity fee in such manner and at such rate as State Government may, by notification in the Gazette specify : Provided that the additional amount levied and collected as a result of levy of special amenity fee shall be credited to the Special Amenities Development Fund as established under section 20 -A of this Act and it shall be utilized solely for the purpose of one or more special amenity projects in such manner as may be notified by the State Government from time to time.] (3) On the receipt of an application for permission under sub - section (1), the 1[Vice-Chairman] after mak ing such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section 9 or in relation to any ot her matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, a s may be, specified in the order or refuse to grant such permission: ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 7(a) of U. P. Act No. 13 of 1975. 2. Subs. by sec. 7 (b) of U. P. Act No. 13 of 1975. 3. Ins. by sec. 3(a) of U.P. Act No. 3 of 1997. 4. Ins. by sec. 5 of U. P. Act No. 12 of 2023. The Uttar Pradesh Urban Planning and Development Act, 1973] 30 Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused: Provided further that t he 1[Vice-Chairman] may before passing any order on such application give an opportunity to the applicant to make any correction therein or to supply any further particulars or documents or to make good any deficiency in the requisite fee with a view to bringing it into conformity with the relevant rules or regulations: 2[Provided also that before granting permission, referred to in section 14 the Vic e-Chairman may get the fees and the charges levied under sub-section (2-A) deposited.] (4) Where permiss ion is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant. (5) Any person aggrieved by an order under sub -section (4) may appeal to the 3[Chairman] against that order within thirty days from the communicati on thereof and the 3[Chairman] may after giving an opportunity of hearing to the appellant and, if necessary, also to the representative of the 1[Vice-Chairman], either dismiss the appeal or direct the 1[Vice-Chairman] to grant the permission applied for w ith such modifications, or subject to such conditions, if any, as may be specified. (6) The 4[Vice-Chairman] shall keep in such form as may be prescribed by regulations a register of applications for permission under this section. (7) The said regist er shall contain such particulars, including information as to the manner in which applications for permission have been dealt with, as may be prescri bed by regulations, and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations. (8) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the appl ication for permission but the 1[Vice-Chairman] may, on an application for refund being made within three months of the communication of the grounds o f the refusal under sub-section (4) direct refund of such portion of the fee as it may deem proper in the circumstances of the case. 5[(9) If at any time after the permission has been granted under sub-section (3), the Vice -Chairman is satisfied that such permission was granted in consequence of any material mis -representation made or any fraudulent statemen t or information furnished, be may cancel such permission for reasons to be recorded in writing and any work done thereunder shall be deemed to have b een done without such permission : Provided that a permission shall not be cancelled without affording to the persons or body concerned a reasonable opportunity of being heard.] ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 7(a) of U. P. Act No. 13 of 1975. 2. Subs. by sec. 3(b) of U. P. Act No. 03 of 1997. 3. Subs. by sec. 7 (c) of U. P. Act No. 13 of 1975. 4. Subs. by sec. 7(b) of U. P. Act No. 13 of 1975. 5. Ins. by sec. 3(c) of U. P. Act No. 03 of 1997. The Uttar Pradesh Urban Planning and Development Act, 1973] 32 Completion certificate 1 [15-A. (1) Every person ro body having been granted permission under sub -section (3) of section 15, shall complete the developments according to the approved plan and send a notice in writing of such completion to the Authority, and obtain a completion certificate from the Authority in the manner prescribed or provided in the Bye-laws of the Authority. Provided that if completion certificate is not granted and refusal to grant it is not intimated within three months after receipt of the notice of completion, it shall be d eemed that the completion certificate has been granted by the Authority. (2) No person shall occupy or permit to be occupied any commercial building or use or permit to be used such building or part thereof affected by any work untilβ (a) completion certificate has been issued by the Authority, or (b) Authority has failed for three months after the receipt of the notice of completion to intimate its refusal of grant of the said certificate. Explanation:β For the purposes of this section the expression "commercial building" shall have the meaning assigned to it in the Uttar Pradesh Municipal Corporations Act, 1959.] Use of land and buildings in contravention of plans 16. 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 other-wise than in conformity with such plan: Provided that it shall be lawful to continue t o use, upon such terms and conditions as may be prescribed by bye -laws made in that behalf, any land or bu ilding for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force. CHAPTER-VI ACQUISITION AND DISPOSAL OF LAND Compulsory acquisition of land 17. (1) If in the opinion of the State Government, a ny land is required of 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 from 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 acq uired, 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 i ncurred in connection with the acquisition together with interest at the rate of twelve per cent per annum and such development charges if any as may have been incurred after acquisition. (2) Where any land has been acquired by the State Government, that Government may, after it has taken possession of the land transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by Authority or the local Authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4 of U. P. Act No. 03 of 1997. The Uttar Pradesh Urban Planning and Development Act, 1973] 34 Disposal of land by the Authority or the local Authority concerned 18. (1) Subject to any directions given by the State Government in this behalf, the Authority or, as the case may be, the loc al Authority concerned may dispose of- (a) any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon: or (b) 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, 1[ * * * ], 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 o r by the creation of any easement, right or privilege or otherwise. 2[(3) Notwithstanding anything contained in sub -section (2), the Authority or th e local authority concerned may create mortgage or charge over such land (including any building thereon) in favour of the Life Insurance Corporation of India, the Housing and Urban Development Corpo ration, or a banking company as defined in the Uttar Pradesh Public Moneys (Recovery of dues) Act, 1972 or any other financial institution approved by general or s pecial order in this behalf by the State Government.] 3[(4) Where vacant land has been disposed of under this section by way of lease for making con structions within the stipulated time with right of forfeiture of the lease and re -entry upon failure to m ake constructions within such time, and the lessee fails without sufficient reason, to make the constructions or a substantial portion thereof, within the stipulated time or such extended t
Excerpt shown. Open the full act in Lexace.
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