The Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.

47 
 
THE UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT 
ACT, 19731 
[PRESIDENT’S ACT NO. 11 OF 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 :-]2 
 
CHAPTER I 
PRELIMINARY 
 
Short title and 
extent  
 
1. [(1) This Act may be called the Uttarakhand Urban and Country Planning and 
Development Act, 1973 to the context of the State of Uttarakhand.]3 
(2) It extends to the whole of Uttar Pradesh, excluding Cant onment 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 :- 
(a) “amenity” includes road, water supply, street lighting drainage, sew erage, 
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; 
(b) “building” includes any structure or erection or part of a structure or erection 
which is inte nded to be used for residential, industrial, commercial or other 
purposes whether in actual use or not; 
(c) “building operation” includes rebuilding operations, structural alterations of 
or additions to buildings and other operations normally undertaken in 
connection with the construction of buildings; 
(d) [“bye-law” means a bye -law made under this Act by Uttarakhand Housing 
and Urban Development Authority (hereinafter referred to as the State 
Authority) or the Local Development Authority with the previous approval  of 
the State Government;]4 
[(dd) ‘Chairman’ and ‘Vice -Chairman’ means the Chairman and the Vice -
Chairman respectively of the Development Authority;]5 
[(ddd) “City development charge” means the  charge levied on  a private developer 
under section 38-A for the development of land;]6 
(e) “development” with its gr ammatical 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; 
 
 
1. Enacted by the President of September 2, 1973 and published in the U.P. Gazette, Ext 
2. Subs. by U.P. Act No. 30 of 1974. 
3. Subs. by section 2 of Uttarakhand Act No. 25 of 2013. 
4. Subs. by section 3 (a) ibid. 
5. Subs. by section 3 (b) ibid. 
6. Ins. by section 3 (c) ibid. 
 
48 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]             [Section 2] 
 
  (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 the wh ole of the 
State Area shall be 'The Uttarakhand Housing and Urban Development 
Authority' (hereinafter referred to as the State Authority) and in relation to 
any development area shall be the Local Development Authority (hereinafter 
referred to as the Local  Authority) constituted and notified under section 4 of 
the Act : 
Provided wherever in this Act the word “Authority”  appears, it shall be 
construed as the Local Authority until and unless  expressly provided  as the 
State Authority : 
Provided further that  the Urban Local Bodies and Village Panchayats 
will also be construed as Local Development Authority/ Local Authority 
under this Act if so declared by the State Government by issuing Notification 
under sub-section (1-A) of section 4 of this Act defining th e extent of their 
development area(s). Concerned Officer/ person of such Urban Local Bodies 
and Village Panchayats shall excercise powers as determined by the State 
Government  by the Gazette Notification under sub -section (1-A) of section 4  
of this Act.]2 
[(gg) “Development Authorities Centralized Service” means a Centralized service 
created under section 5-A;]1 
[(ggg) “development fee” means the fee levied upon a person or body under 
section 15 for construction of road, drain, sewer line, electric supply  and 
water supply lines in the development area by the Local Development 
Authority;]3 
[(gggg)“Development Plan” means the Master Plan or  Zonal Development 
Plan approved and published by the State Government under section 12 
of the Act; 
(ggggg) ‘Chief Tow n and Country Planner’ means the Head of the  Town and 
Country Planning Department of the State Government;]4 
(h) “engineering operations” includes the formation or laying out means of access 
to a road or the laying out of means the water supply; 
[(hh)  “land use conversion charge” means the charge levied on a person or 
a body under section 38 –A for the change of land use in the Master 
Plan or the 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;]5 
(i) “means of access” includes any means of access, whether private or public, 
for vehicles or for foot passengers and includes a road; 
 
1. Subs. section 2 by U.P. Act No. 21 of 1985. 
2. Subs. by section 3(d) of Uttarakhand Act No. 25 of 2013. 
3. Subs. by section 3 (e) ibid. 
4. Ins. by section 3(f) ibid. 
5. Ins. by section 3 (g) ibid. 
49 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]                    [Section 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;]1 
[(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, land for development  
and to whom a license has been granted under section  39-B of this Act;]4 
(j) [regulation” means a regulation made under this Act by the State Authority or 
the Local Development Authority with the prior approval of the State 
Government;]5 
(k) [“rules” means a rule made under this Act by the State Government or the 
State  Authority;]6 
[(kk) “stacking fees” 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;]2 
(l) “to erect a building”, with its grammatical variations includes :- 
(i)      any material alteration or enlargement of any building ; 
(ii) the conversion, by structural alteration— 
(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 effect an alteration of its drainage or 
sanitary arrangements or materially affect its security; 
(iv) the addition of any rooms, buildings, houses or other structure 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; 
[(ll) “water fees” means the fees levied under section 15 upon a person or bod y for 
using water supplied by the Authority for building operation or construction 
of buildings;]3 
 
 
 
1. Ins. by section 2 (b) of U.P. Act No. 3 of 1997. 
2. Ins. by section 2 (c) ibid. 
3. Ins. by section 2 (d) ibid. 
4. Ins. by section 3 (h) of Uttarakhand Act No. 25 of 2013. 
5. Subs. by section 3 (i) ibid. 
6. Subs. by section 3 (j) ibid. 
50 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]             [Section 3-4] 
 
  (m) “zone” means any one of the division 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 within the State requires to 
be development according to plan it may by notification in the Gazette declare 
the area to be a development area : 
[Provided any area covered under the U.P. Special Area Development 
Authorities  Act, 1986 (U .P. Act No. 9 of 1986) (as applicable in the State of  
Uttarakhand) is declared as a Development Area under this Section, the 
provisions of  the U.P. Special Area Development Authorities Act, 1986 (U.P. 
Act No. 9 of 1986) shall stand repealed  for the said area.]1 
 
The 
Development 
Authority 
4. [(1) The State Government may by notification in the Gazette constitute for the 
purposes of this Act, an authority to be called the 'Uttarakhand Housing and 
Urban Development Authority' for all the development areas i n the State with 
headquarter at such place as the State Government may specify and Local 
Development Authority for any development area.]2 
[(1-A) The State Government may by notification in the Gazette  declare the Urban 
Local Bodies and Village Panchayats as Local Development Authority/ Local 
Authority defining the extent of their development area. The State 
Government by the said Notification may also define the powers of such 
Local Authorities and define the designations of the persons/ officers to 
exercise the powers under this Act. The State Government may also declare/ 
designate/appoint the Chairman of such Local Development Authorities under 
this Sub Section for the purpose of exercising the powers under this Act. Such 
Urban Local Bodies and Village P anchayats declared as Local Development 
Authority under this sub section, shall act for the purpose of development as 
per the provisions of this Act. 
(1-B) The existing Board of such Urban Local Bodies and Village Panchayats, 
shall  be deemed to be the Boa rd of the Local Development Authority/Local 
Authority under this Act to the extent of the powers delegated to them under 
sub-section (1-A) of section 4.]3 
 (2) The [Uttarakhand Housing and Urban Development Authority/ State Authority 
or the Local Development Authority]4 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. 
 
 
1. Added by section 4 of Uttarakhand Act No. 25 of 2013. 
2. Subs. by section 5 (a) ibid. 
3. Added by section 5 (b) ibid. 
4. Subs. by section 5 (c) ibid. 
51 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]                   [Section 4] 
 
   [(2-A) (1) The Uttarakhand Housing and Urban Development Authority or the  
State Authority shall consist  of the following members; namely :-- 
(a) The Minister incharge of the Housing Department of the State 
Government who shall be the Chairman;  
(b) The  Principal Secretary/ Secretary to the Department of Housing of the 
State Government who shall be the Vice- Chairman; 
(c) A full time Chief Administrator appointed by the State  Government, 
who shall  not be  below the rank of Principal Secretary/Secretary to the  
State Government;  
(d) A full time Additional Chief Administrator appointed by the State  
Government, who shall  not be  below the rank of Additional  
Secretary/Secretary to the State Government; 
(e) The Principal Secretary/ Secretary to the Department of Finance  of the 
State Government : ex-officio, 
(f) Principal Secretary/ Secretary to the Department of Urban Development 
of the State Government : ex-officio, 
(g)  Principal Secretary/ Secretary to the Department of Planning  of the 
State Government : ex-officio, 
(h)  Principal Secretary/ Secretary to the Department of Forest  of the State 
Government : ex-officio, 
(i) Principal Secretary/ Secretary to the Department of Tourism of the State 
Government : ex-officio, 
(j) Principal Secretary/ Secretary to the Department of Industries of t he 
State Government : ex-officio,   
(k) The Chief Town and Country Planner of  Town and  Country Planning 
Department of the State Government : ex-officio, 
(l) The Finance Controller of the State Authority to be appointed by the 
State Government  : ex-officio, and 
(m) such other non official members, not more than two, as the State 
Government may from  time to time  by notification  appoint.  
The non official members as mentioned in clause (m) above shall 
hold office during the pleasure of the State Government: 
Provided that such non official member may at any time by writing 
under his hand addressed to the Chief Administrator resign his office and 
on such resignation being accepted  shall be deemed to  have vacated his 
membership. 
(2) No act or proceeding of the State A uthority shall be invalid by reason of the 
existence of any vacancy in or defect in the constitution of the State 
Authority.]2 
(3)  The [ Local Development]3 Authority in respect of a development area which 
includes the whole or any part of a city a s define d in the [U.P.  Municipal 
Corporations Act, 1959]1 shall consist of the following members; namely :- 
 
 
1. Subs. by section 2 (a) of U.P. Act No. 12 of 1994. 
2. Added by section 5 (d) of Uttarakhand Act No. 25 of 2013. 
3. Ins. by section 5 (e) ibid. 
52 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]             [Section 4] 
 
  (a)   a Chairman to be appointed by the State Government; 
(b)   a Vice-Chairman to be appointed by the State Government; 
[(bb)  Secretary of the Local Development Authority to be ap pointed by the 
State Government;]4 
[(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, [or any person nominated by him]5 ex-officio;]3 
(d)  the Secretary to the State Government, incharge of the Department of 
Finance, [or any person nominated by him]5 ex officio; 
(e)  the Chief Town and Country Planner, Uttar Pradesh, [ or any person 
nominated by him]5 ex-officio; 
[(f) the Managing Director of th e Jal Nigam, established under the Uttar 
Pradesh Water Supply and Sewerage Act, 1975 [ or any person 
nominated by him]5 ex-officio; ]2 
(g)  the Mukhya Nagar Adhikari [or any person nominated by him ]5 ex-
officio;  
(h)   the District Magistrate of every distr ict or any part of which is included 
in the development area, [or any person nominated by him]5 ex-officio; 
(i) four members to be elected by Sabhasads of the [Municipal    
Corporation]1 for the said city from amongst themselves : 
Provided that any such member shall cease to hold office as such 
as soon as he ceases to be Sabhasad of the [Municipal Corporation]1; 
(j)   such other member not exceeding three as may be nominated by the State 
Government. 
(4)  The appointment of the Vice -Chairman [of the local de velopment authority]6 
shall be whole time. 
(5)  The Vice -Chairman shall be entitled to receive from the funds of the [local 
development authority] 7 such salaries and allowances and be governed by 
such conditions of service as may be determined 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) or sub -
section (3) may instead of attending a meeting of the [local development 
authority]7 himself depute an officer, not  below the rank of Deputy Secretary 
in the department in the case of a member referred to in clause (c) or clause 
(d) and 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. 
 
  
1. Subs. by U.P. Act No. 3 of 1957. 
2. Subs. by section 2 of U.P. Act No. 19 of 1976. 
3. Subs. by section 3 of U.P. Act No. 21 of 1985. 
4. Added by section 5 (f) of Uttarakhand Act No. 25 of 2013. 
5. Subs. by section 5 (g) ibid. 
6. Ins. by section 5 (h) ibid. 
7. Subs. by section 5 (i) ibid. 
53 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]            [Section 5] 
 
   (7)  The [local development authority] 1 in respect of a development area other 
than that mentioned in sub -section (3) shall consist of a Chairman, a Vice -
Chairman and not less than five and not more than  eleven such other 
members, includin g at least one member from the Municipal Boards and 
Notified Area Committees  having jurisdiction in the development area, who 
shall hold office for such period and on such terms and conditions, 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 o n such resignation being 
accepted shall be deemed to have vacated his office. 
(8)  No act or proceedings of the Authority shall be invalid by reason of the 
existence of any vacancy in or defect in the constitution of the [local 
development authority]1. 
 
Staff of the 
Authority 
5. [(1) The State Government may by notification in the Gazette appoint three 
suitable persons as the Chief Administrator, Additional Chief Administrator 
and the Finance Controller respectively of the State Authority, as provided in 
sub-section (2-A) of section 4, who shall exercise such powers and perform 
such duties as may be prescribed by regulations or delegated to them by the 
State Authority. 
(2) Subject to such control and restrictions as may be determined by general or 
special o rder of the State Government, the Chief Administrator or the 
Additional Chief Administrator of the State Authority may appoint number of 
other officers and employees as may be necessary for the efficient 
performance of the functions of State Authority and may determine their 
designations and grades.  
(3)  The Chief Administrator, Additional Chief Administrator, the Finance 
Controller and other Officers and employees of the Authority shall be entitled 
to receive salaries and allowances from the funds of the State Authority and 
shall be governed by such salaries, allowances and other conditions of service 
as may be determined by regulations made in this behalf by the State 
Government.]2 
[(4)]2  The State Government may appoint two suitable persons respec tively as the 
Secretary & the Chief Accounts Officer of the [local development authority] 3 
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. 
[(5)]2  Subject to such control and restrictions as may be determined by general or 
special order of the State Government, the [local development authority] 3  
may appoint such number of other officers and employees as may be 
necessary for the efficient performance of its func tions and may determine 
their designations and grades. 
[(6)]2  The Secretary, the Chief Accounts Officer and other officers and employees 
of the [local development authority] 3 shall be entitled to receive from the 
funds of the [local development authority] 3 such salaries and allowance s and 
shall be governed by such other conditions of service as may be determined 
by regulations made in that behalf. 
  
1. Substituted by section 5 (i) of Uttarakhand Act No. 25 of 2013. 
2. Renumbered and add by section 6 (a) ibid. 
3. Subs. by section 6 (b) ibid. 
54 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]      [Section 5A-6] 
 
[Creation of 
Centralized 
Services 
5-A (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 Centralized 
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 prescribed 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 Centralized 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 – 
(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, within three months from the 
creation of such Development Authorities Centralize d Service communicate 
to the Government in the Housing Department, his option not to be absorbed 
in such Centralized Service, failing which he shall be deemed to have opted 
for final or provisional, as the case may be, absorption in such Centralized 
Service. 
(4) Suitability of a person absorbed provisionally, for final absorption in a 
Development Authorities Centralized Service, shall be examined in the 
manner prescribed and if found suitable he shall be absorbed finally. 
(5)  The services of an employee wh o opts against absorption or who is not found 
suitable for final absorption shall stand determined and he shall without 
prejudice to his claim to any 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 to-- 
(a) three month’s salary, if he was a permanent employee; 
(b) one month’s salary, if he was a temporary employee. 
Explanation— For the purposes of this sub-section the terms ‘salary’ includes 
dearness allowance, personal pay and special pay, if any. 
(6)  It shall be lawful for the State Government or any officer authorized by it in 
this behalf to transfer any person holding any po st in a Development 
Authorities Centralized Service f rom one Development Authority to 
another.]1 
 
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 rel ating to the planning of development or arising 
out of or in connecting with, the administration of this Act as may be referred 
to it by the Authority. 
 
 
1. Added by section 5 of U.P. Act No. 21 of 1985. 
55 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]             [Section 6] 
 
   (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 – 
(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 Director , ex -
officio; 
(d) four representatives of the local authorities having jurisdiction within 
the limits of the development area, to be elected by their members 
from among themselves; 
(e) the Transport Commissioner, Uttar Pradesh or his nominee who sh all 
not be below the rank of Deputy Transport Commissioner, ex-officio; 
(f) the Chairman, State Electricity Board, Uttar Pradesh or his nominee, 
ex-officio; 
(g) all the members of the Houses of the People and the State Legislative 
Assembly whose constituencies inc lude 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 interest of industry 
and commerce in the development area. 
(3) For the purposes 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 t he 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 election 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 respect of a development area other than that 
mentioned in sub -section (2) s hall consist of such members as may be 
determined by the State Government by general or special order in that behalf. 
(6) The [Advisory Council]1 shall meet as and when called by the Chairman : 
Provided that such meeting shall be held at least twice a year. 
 
 
 
1. Added by section 6 of U.P. Act No. 13 of 1975. 
56 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]                   [Section 7-7A] 
 
Objects of the 
Authority 
7. The objects of the [local development authority] 1 shall be to 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 wor ks 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 authorizing the disregard by the Authority of any law for 
the time being in force. 
 
2[Functions  of 
the State  
Development 
Authority  
 
7-A The State Development Authority  shall have the following powers– 
(i) To assess the necessity of declaring/notifying any areas in the State as 
development area and thereupon give recommendation to the State 
Government in this regard and recommend constitution of local 
development authorities for the said areas; 
(ii) To prepare Master Plans/Zonal Plans through Town and Country Planning 
Department or through outsourcing for planned development of notified 
development areas in the State and get them implemented through the local 
development authorities; 
(iii) To  examine the proposals received from the local development authorities 
for amendment in the old Master Plan and give its recommendations to the 
State Government in this regard; 
(iv) To review the works of various development authorities of the State and 
Town and Country Planning Department and issue necessary directions to 
them; 
(v) To give recommendation to the State Government regarding distribution of 
works/determination of jurisdiction amongst local development authorities, 
Urban Local Bodie s and Gram Panchayats in respect of plan sanctioning 
and enforcement in various notified areas; 
(vi) To grant permission for the plans in the notified/ development areas as per 
the limit/norms prescribed by the State Government and to do 
supervision/enforcement of such projects through local development 
authorities/ Local bodies; 
(vii) To conceptualize and formulate projects of infrastructure development 
having inter regional benefits in the State, mobilize funds for such projects 
from State/Central Government or thro ugh private investment and 
implement the project by itself or through local development authorities; 
(viii) To acquire/collect land for the development of residential projects and use 
such land for the project developed by itself or by local development 
authorities or based on Public Private Partnership; 
 
1. Substituted by section 7 (1) of Uttarakhand Act No. 25 of 2013. 
2. Added by section 7 (2) ibid. 
57 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]                     [Section 7-B] 
 
  (ix) To explore opportunity of such mega projects on Public Private Partnership 
which are in the interest of State, create favourable environment in this 
regard and take all necessary steps for this purpose; 
(x) To prepare guidelines for the local development authorities with regard to 
Housing and infrastructure development works and ensure compliance; 
(xi) To prepare a policy for the promotion of Low Cost Housing and give 
recommendation to the State Government in this regard; 
(xii) To decide the quantum of fund to be allocated to local developm ent 
authorities from its own fund and allocate the same amongst the local 
development authorities; 
(xiii) To sit in revision against the orders of the Chairman of local development 
authorities passed under this Act; 
(xiv) To carry out such other functions which may be assigned to it by the State 
Government from time to time. 
 
Control by the  
State Authority  
 
7-B (1)  All orders passed by the State Authority shall be passed in the name of the 
Chief Administrator of the State Authority.  
(2)  The Local Development Autho rity, the Chief Town and Country Planner of 
the Town and Country Planning Department, the Chairman or the Vice -
Chairman of the Local Development Authority or any other officer 
designated/ appointed by the State Government under sub -section (1 -A) of 
section 4 of the Local Development Authority shall carry out such directions 
as may be issued from time to time by the State Authority for the efficient 
administration of this Act.                         
(3)  If in, or in connection with, the exercise of its pow ers and discharge of its 
functions by the State Authority, the Chairman or the Vice -Chairman of the 
Local Development Authority  under this Act any dispute arises between the 
State Authority and any Local Development Authority or between the two or 
more Local Development Authorities, the same shall be referred to the State  
Government, whose decision  on such dispute shall be final.  
(4) The State Authority may, at any time, either on its own motion or on 
application made to it in this behalf, call for the r ecords of any case disposed 
of or order passed by the  Local Development Authority or of its  Chairman 
for the purpose of satisfying itself as to the legality or propriety of any order 
passed or direction issued and may pass such order or issue such direct ion in 
relation thereto as it may think fit : 
Provided that the State Authority shall not pass an order prejudicial to 
any person without affording such person a reasonable  opportunity of being 
heard. 
(5) Every order of the State Authority made in exercise of the powers conferred 
by this Act shall be final and shall not be called in question in any court.]1 
 
 
 
1. Substituted by section 7 (2) of Uttarakhand Act No. 25 of 2013. 
58 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]                     [Section 8-9] 
 
  CHAPTER III 
Master Plan and Zonal Development Plan 
Civil survey of 
and master 
plan for the 
development 
area 
8. [(1) The Town and Country Planning Department  or any other agency appointed/ 
nominated by the State Authority, shall, in  consultati on with the concerned 
Local Development Authority,  as soon as may be, prepare a master plan for 
the development area as directed  by the State Authority.]1 
(2)   The Master plan shall— 
(a) define the various zones into which the development area may be 
divided for the purposes of development; and indicated 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 
(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. 
 
Zonal 
Development 
Plans 
9. (1)   Simultaneously with the preparation of the master plan or as soon as may be 
thereafter, the [Town and Country Planning Department  or any other agency 
appointed/nominated by the State Authority ]2 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— 
(a) contain a site -plan and use -plan for the development of the zone and 
show the approximate locations and extents of land uses pr oposed 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; 
(b) specify the standards of population density and building density; 
(c) show every area in the zone which may in the opinion of the [Town and 
Country Planning Department or any other agency appointed/nominated 
by the State Authority ]2 be required or declared for dev elopment or re -
development; and 
(d) in particular, contain provisions regarding all or any of the following 
matters; namely – 
(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; 
 
1. Substituted by section 8 of Uttarakhand Act No. 25 of 2013. 
2. Subs. by section 9 ibid. 
59 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]     [Section 10-11] 
 
  (iv) the erection of buildings on any site and the restrictions and 
conditions in regard to the open spaces to be mai ntained 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 b e erected on plot 
or site; 
(viii) the amenities to be provided in relation to any site or buildings or 
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 prohi bitions or restrictions regarding erection of shops, 
workshops, warehouses or factories or buildings of a specified 
architectural feature or buildings designed for particular purposes 
in the locality; 
(x) the maintenance of walls, fences, hedges or any other structural or 
architectural construction and the height at which they shall be 
maintained; 
(xi) the restrictions regarding the use of any site for purposes other 
than erection of buildings; 
(xii) any other matter which is necessary for the proper development 
of the zo ne 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’ mean s 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 the Town and 
Country Planning Department or any other agency appointed/ nominated by 
the State Authori ty to the State  Authority, who shall submit th e same to the 
State Government for approval. The State 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 State Author ity for getting a 
fresh plan prepared according to such directions.]1 
 
Procedure to 
be followed in 
the preparation 
and approval 
of plan 
11. (1)  Before preparing any plan finally and submitting it to the State Government 
for approval. The [Town and Countr y Planning Department or any other 
agency appointed/ no minated by the State Authority] 2 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. 
 
1. Substituted by section 10 of Uttarakhand Act No. 25 of 2013. 
2. Subs. by section 11(1) ibid. 
60 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]               [Section 12-12A] 
 
   (2)  The [Town and Country Planning Department or any other agency appointed/ 
nominated by the State Authority] 1 shall also give reasonable opportunity to 
every local authority within whose local limits and 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 Town and  Country Planning Department or any 
other agency appointed/ nominated by the State Authority, the Town and 
Country Planning Department or any other agency appointed/ nominated by 
the State Authority shall finally prepare the plan and submit it to the State  
Authority for its onward submission to the State Government, with its 
recommendation and observation, if any, for approval.]2 
(4)   Subject to the foregoing provisions of this section, the State Government may 
direct the [Town and Country Planning Departme nt or any other agency 
appointed/ nominated by the State Authority] 1, 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 State Government, the 
[State Authority and the concern ed Local Development Authority] 3 shall 
publish in such manner as the State Government may specify, a notice 
standing that a plan has been approved and naming a place wher e a copy of 
the plan may be inspected at all reasonable hours and upon the date of first 
publication of the aforesaid notice the plan shall come into operation. 
 
  [CHARACTER III-A 
Arterial Roads in Development Area 
Maintenance 
and 
improvement 
of façade of 
certain 
buildings 
abutting 
arterial roads 
 12-A (1) Where in any development 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 b uilding shall be bound 
to repair, white-wash, colour-wash or paint the façade of such building 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 color -scheme 
or other sp ecification 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 s hall 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 required 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. 
 
 
1. Substituted by section 11 (1) of Uttarakhand Act No. 25 of 2013. 
2. Subs. by section 11 (2) ibid. 
3. Subs. by section 12 ibid. 
61 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]        [Section 13] 
 
   (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. 
Explanation— In this section— 
(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 includes— 
(i) the owner (which expression shall include an agent or trustee o r a 
receiver, sequestrator or manager appointed by a Court, or a 
mortgagee with possession of the buildings) 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 un -
authorized use and occupation thereof.]1 
 
  CHAPTER IV 
Amendment of the Master Plan and Zonal Development Plan 
 
Amendment of 
plan 
13. (1) The [Town and Country Planning Department or an y other agency appointed/ 
nominated by the State Authority ]2 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 alterations 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 [Town and Country Planning 
Department or any other agency appointed/nominated by the State Authority]2 
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. 
(4) Every amendment made under this section shall be published in such  manner 
as the [Town and Country Planning Department or any other agency 
appointed/ nominated by the State Authority]2 or the State Government, as the 
case may be, may specify and the amendment shall come into operation either 
on the date of the first publication or on such other date as the [Town and 
Country Planning Department or any other agency appointed/ nominated by 
the State Authority]2 or the State Government as the case may be, may fix. 
 
  
 
1.      Added by section 3 of U.P. Act No. 19 of 1976. 
2.      Substituted by section 13 (1) of Uttarakhand Act No. 25 of 2013. 
62 
 
[The Uttar Pradesh Urban Planning and Development Act, 1973]          [Section 14] 
 
  (5) When the [Town and Country Planning Department or any other agency 
appointed/ nominated by the State Authority ]1 makes any amendment in the 
plan under sub -section (1) it shall report to the [State Authority]2 the full 
particular of such amendments within thirty days of the date on which 
amendments come into operation. 
(6) If any question arises whether the amendments proposed to be made by the 
[Town and Country Planning Department or any other agency appointed/ 
nominated by the State Authority ]1 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 thereto 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 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 [Vice-
Chairman of the concerned Local Development Authority /Person(s) or 
Officer(s), designated to perform the functions under this Act, of the Urban 
Local Bodies and Village Panchayats d eclared as Local Development 
Authority/ Local Authority under this Act or the State Authority, as the case 
may be]3 in accordance with the provisions this Act. 
(2)  After the comin

Excerpt shown. Open the full act in Lexace.

‹ Prev All Uttarakhand acts Next ›