U.P.

Urban Planning &

Development Act, 1973
GUIDED BY – DR. VIDYA GHUGE

PRESENTED BY – AAYUSHI GODSE

MT20UPL007
Introduction
The Act was enacted in 1973 to solve the problems of town planning and urban
development in the developing areas of the State of Uttar Pradesh.

 Development Authorities (patterned on the Delhi Development Authority) were

established.

The Act extends to the whole of Uttar Pradesh, excluding Cantonment areas
and lands, owned, requisitioned or taken on lease

It came into existence in 1973 as an outcome of the Uttar Pradesh Urban
Planning and Development Ordinance, 1973. (President's Act No. 11 of 1973)

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Index
I. Preliminary
II. The Development Authority & it’s Objects
III. Master Plan and Zonal Development Plan
III-A. Arterial Roads in Development Area
IV. Amendment of the Master Plan & Zonal Development
Plan
V. Development of Lands
VI. Acquisition & Disposal of Land
VII. Finance, Accounts & Audit
VIII. Supplemental & Miscellaneous Provisions
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 “
An Act to provide for the development of
certain areas of Uttar Pradesh according to
plan and for matters ancillary thereto

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Definitions
U.P. Act (1973)
 'development' 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.
 'engineering operation' includes the
formation or laying out means of
access to a road or the laying out of
means of water supply.
MRTP Act (1966)
 MRTP act has similar definition with
addition of: change in use of any
building or land, and includes
demolition of any existing building,
structure or erection or part of such
building, structure of erection, and
reclamation, sub-division of any land.
 Drainage, electricity, gas or other
public services are also mentioned in
MRTP Act.
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 The Development
Authority and its Objects

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 The Development Authority and its Objects
U.P. Act (1973)
Section 3: Declaration of development
areas
 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.
MRTP Act (1966)
Section 42A: Declaration of
development area
 Additional provision in MRTP:
State Government can
• Amalgamate
• Sub-divide &
• Include the sub-divided areas in any
other development area by
notification in the Official Gazette.

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 The Development Authority and its Objects
U.P. Act (1973) MRTP Act (1966)
Section 4: The Development Authority Section 42A: Declaration of
 The State Government may, by development area
notification in the Gazette, constitute  Same provisions as the UP Act.
for the purposes of this Act, an
Authority to be called the
Development Authority for any
development area.
 The Authority will have the power to:
• Acquire
• Hold &
• Dispose of property (movable and
immovable)

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 The Development Authority and its Objects
U.P. Act (1973)
Section 4: The Development Authority
 Members of the Authority:
• Chairman to be appointed by the State
Government
• Vice-Chairman to be appointed by the
State Government
• Secretary to the State Government
• Secretary to the State Government in
charge Of the Department of Finance
• Chief Town and Country Planner
• Managing Director of the Jal Nigam
• Mukhya Nagar Adhikari
• District Magistrates
MRTP Act (1966)
Section 42C: Constitution of Area
Development Authority
 Members of the Authority:
• Chairman
• Presidents of Zilla Parishads and
Chairman of Panchayat Samitis
• Mayors of Municipal Corporations &
Presidents of Municipal Councils
• Municipal Commissioners of Corporations
and Chief Officers of Municipal Councils
• Collectors of Districts
• Chief Executive Officers of Zilla Parishads
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 The Development Authority and its Objects
U.P. Act (1973)
Section 6: Advisory Council
 The State Govt. can constitute an advisory
council for the Purpose of advising
authority on preparation of Master plan
& other related matters to the planning of
development.
 The Advisory Council shall consist of the
following members:
• Chairman of the Authority, who shall be
the President
• Chief Town and Country Planner, UP,
Chief Engineer, Local Self-Government
Engineering Department, UP
• Director, Medical and Health Services,
UP, Transport Commissioner, UP
MRTP Act (1966)
 No provision for Advisory council in MRTP.
Section 42D: Appointment of Government
company, etc. as Area Development Authority
 The State Government may, instead of
constituting an Area Development Authority
for a development area, appoint any agency or
authority or any company or corporation
established by the State or Central
Government to be the Area Development
Authority for any development area.
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 The Development Authority and its Objects
U.P. Act (1973)
Section 7: Objects of the Authority
 To promote and secure the development
of the development area according to
plan.
 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
for purposes of such development.
MRTP Act (1966)
Section 42F: Powers and functions of Area
Development Authority
Other provisions of MRTP:
 To prepare & execute the town planning
schemes
 to carry out surveys in the development
area for the preparation of town planning
schemes
 to enter into contracts, agreements or
arrangements, with any person or
organization as the Area Development
Authority may deem necessary for
performing its functions
 to levy and collect such fees, for the
execution of work 11
Master Plan and Zonal
Development Plan

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 Master Plan and Zonal Development Plan
U.P. Act (1973)
Section 8: Civil survey of, and master plan
for the development area
 The master plan shall-
• define the various zones into which the
development area may be divided for
the purposes of development,
• indicate the manner in which the land
in each zone is proposed to be used,
• the stages by which any such
development shall be carried out &
• serve as a basic pattern of framework
within which the Zonal development
plans of the various zones may be
prepared.
MRTP Act (1966)
Section 13: Survey of Region and
preparation of Regional plan
 Regional Board shall-
• prepare an existing-land-use map
• prepare a report of the surveys
• prepare the Regional plan and other
documents, maps and information as
the Regional Board may deem fit for
illustrating or explaining the provisions
of the Regional plan.
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 Master Plan and Zonal Development Plan
U.P. Act (1973)
Section 9: Zonal Development plans
A zonal development plan may contain-
 A site-plan and use-plan for the
development of the zone
 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, etc.
 specify the standards of population
density and building density
 show every area in the zone which may be
required or declared for development or
re-development
MRTP Act (1966)
Section 14: Contents of Regional plan
 Allocation of land for different uses
 reservation of areas for open spaces,
gardens, etc.
 transport and communications
 water supply, drainage, sewerage,
sewage disposal and other public
utilities
 industrial estates and any other large
scale development
 preservation of objects, features,
structures or places of historical,
natural, architectural or scientific
interest and educational value 14
 Master Plan and Zonal Development Plan
U.P. Act (1973)
Section 9A: In particular, contain, provisions
regarding all or any of the following
matters, namely
 the division of any site into plots for the
erection of buildings
 the development of any area into a
township or colony (conditions for dev.)
 the erection of buildings on any site and
open spaces conditions
 the architectural features of the elevation
or frontage of any building
 the amenities to be provided
 the prohibitions or restrictions regarding
erection of shops. work-shops, etc. 15
 Master Plan and Zonal Development Plan
U.P. Act (1973)
Section 10: Submission of plans to the State
Government for approval
 State Government may
• Approve the plan without modification
• Approve the plan with modifications
• Reject the plan with directions to the
Authority to prepare a fresh plan
MRTP Act (1966)
Section 15: Submission of Regional plan
to State Government for approval
 State Government may
• Approve the Regional plan without
modification for the whole Region, or
any part
• Approve the Regional plan with
modifications as it may consider
necessary
• Reject the plan with a direction to the
Regional Board to prepare a fresh
plan according to such direction.
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 Master Plan and Zonal Development Plan
U.P. Act (1973) MRTP Act (1966)
Section 11: Procedure to be followed in the Section 16: Procedure to be followed in
preparation and approval Plan preparing and approving Regional plans
 Authority shall prepare a plan for  Regional Board shall prepare a draft
inspection, publishing a notice, inviting Regional plan and publish a notice in
objections and suggestions from any the Official Gazette, stating that the
person draft Regional plan has been prepared.
 The Authority shall also give reasonable  Click here
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.
 After considering all objections,
suggestions, the Authority shall finally
prepare the plan and submit it to the State
Government for its approval. 17
 Master Plan and Zonal Development Plan
U.P. Act (1973)
Section 12: Date of commencement of plan
 Immediately after a plan has been
approved by the State Government, the
Authority shall give 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 first publication of
the aforesaid notice the plan shall come
into operation.
MRTP Act (1966)
Section 17: Publication of Regional plan
and date of its operation
 Immediately after a Regional plan is
approved by the State Government,
the State Government shall publish a
notice stating that the Regional plan
has been approved, and naming a place
where a copy of the Regional plan may
be inspected at all reasonable hours,
and shall specify a date on which the
Regional plan shall come into operation
and the plan which has come into
operation shall be called the “ final
Regional plan”.
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Development
of Lands

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 Development of Lands
U.P. Act (1973)
Section 14: Development of land in the
developed area
 After the declaration of any area as
development area, 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.
MRTP Act (1966)
Section 43 : Restrictions on development
of land
 After the date on which the declaration
of intention to prepare a Development
plan for any area is published in the
Official Gazette, no person shall
institute or change the use of any land
or carry out any development of land
without the permission in writing of the
Planning Authority.
 No such permission shall be
necessary - Click here
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 Development of Lands
U.P. Act (1973)
Section 15: Application for permission
 Every person or body (other than any
department of Government or any local
authority) desiring to obtain the
permission shall make an application in
writing to the Vice-Chairman.
MRTP Act (1966)
Section 43 : Restrictions on development
of land
 The permission is obtained from the
Planning Authority.
 Similar provisions as UP Act.

 On the receipt of an application for

permission the Vice-Chairman shall either
• grant the permission
• refuse to grant such permission

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Acquisition and Disposal
of Land

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 Acquisition and Disposal of Land
U.P. Act (1973)
Section 17: Compulsory acquisition of land
 If any land is required for the purpose of
development, the State Government
may acquire such land under the
Provisions of the land Acquisition
Act,1894.
 Where any land has been acquired by the
State Government, 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.
MRTP Act (1966)
Section 125: Compulsory acquisition of land
needed for purposes of Regional plan,
Development plan, or town planning
schemes, etc.
 Any land required, reserved or designated in
a Regional plan, Development plan or town
planning scheme for a public purpose or
purposes including plans for any area of
comprehensive development or for any new
town shall be deemed to be land needed for
a public purpose within the meaning of the
Land Acquisition Act, 1894.
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Unauthorized
Development

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 Unauthorized Development
U.P. Act (1973)
Section 26-A: Encroachment or obstruction
on public land
 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.
MRTP Act (1966)
Section 52: Penalty for unauthorized
development or for use otherwise than in
conformity with Development plan
 Any person who, whether at his own
instance or at the instance of any other
person commences, undertakes or carries
out development or institutes, or changes
the use of any land, shall, on conviction, be
punished with imprisonment for a term
which shall not be less than one month but
which may extend to three years and with
fine which shall not be less than two
thousand rupees but which may extend to
five thousand rupees.
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Inferences
• There is no provision for Regional plan, Town Planning Schemes & New Towns in the U.P.
Urban Planning & Development Act, 1973.

• There is no provision for Zonal Development plan in MRTP Act, 1966.

• Vice-Chairman is the person whose permission is required for any development in U.P. Act,
while in MRTP Act, there is no Vice-Chairman post.

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Thank you!