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)

2
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

3
 An Act to provide for the
development of certain areas of
Uttar Pradesh according to plan
and for matters ancillary thereto

4
Definitions
U.P. Act (1973) MRTP Act (1966)

 'development' with  MRTP act has similar

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  Drainage, electricity,
operation' includes
the formation or
laying out means of
access to a road or the
laying out of means of
water supply.
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.
gas or other public
services are also
mentioned in MRTP
Act.

5
 The
Development
Authority and its
Objects

6
The Development Authority
and its Objects
U.P. Act (1973) MRTP Act (1966)

Section 3: Declaration of Section 42A: Declaration

Development areas of development area
 If in the opinion of the  Additional provision in
State Government any- MRTP:
area within the State  State Government can
requires to be
developed according to • Amalgamate
plan it may, by • Sub-divide &
notification in the • Include the sub-
Gazette, declare the area divided areas in any
to be a development other development
area. area by notification in
the Official Gazette.

7
The Development Authority
and its Objects
U.P. Act (1973) MRTP Act (1966)

Section 4: The Section 42A: Declaration

Development Authority of development area
 The State  Same provisions as the
Government may, by UP Act.
notification in the
Gazette, constitute 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)

8
The Development Authority
and its Objects
U.P. Act (1973) MRTP Act (1966)

Section 4: The Section 42C: Constitution of

Development Authority Area Development Authority
 Members of the  Members of the Authority:
Authority: • Chairman
• Chairman to be • Presidents of Zilla
appointed by the State Parishads and Chairman of
Government Panchayat Samitis
• Vice-Chairman to be • Mayors of Municipal
appointed by the State Corporations & Presidents
Government of Municipal Councils
• Secretary to the State • Municipal Commissioners
Government of Corporations and Chief
• Secretary to the State Officers of Municipal
Government in charge Councils
Of the Department of • Collectors of Districts
Finance
• Chief Executive Officers of
• Chief Town and Zilla Parishads
Country Planner
• Managing Director of
the Jal Nigam
• Mukhya Nagar
Adhikari
• District Magistrates 9
The Development Authority
and its Objects
U.P. Act (1973) MRTP Act (1966)

Section 6: Advisory Council  No provision for Advisory

council in MRTP.
 The State Govt. can
constitute an advisory
council for the Purpose Section 42D: Appointment of
of advising authority on
preparation of Master Government company, etc. as
plan & other related Area Development Authority
matters to the planning  The State Government
of development. may, instead of
 The Advisory Council constituting an Area
shall consist of the Development Authority
following members: for a development area,
• Chairman of the appoint any agency or
Authority, who shall be authority or any company
the President or corporation established
by the State or Central
• Chief Town and Government to be the
Country Planner, UP, Area Development
Chief Engineer, Local Authority for any
Self-Government development area.
Engineering
Department, UP
• Director, Medical and
Health Services, UP,
Transport
Commissioner, UP
1
0
The Development Authority
and its Objects
U.P. Act (1973) MRTP Act (1966)
Section 7: Objects of the Section 42F: Powers and
Authority functions of Area
 To promote and secure Development Authority
the development of the Other provisions of MRTP:
development area
according to plan.  To prepare & execute the
town planning schemes
 Authority shall have
the Power to acquire,  to carry out surveys in
hold, manage and the development area for
dispose of land and the preparation of town
other property, planning schemes
to carry out building,  to enter into contracts,
engineering, mining agreements or
and other operations arrangements, with any
 To execute works in person or organization as
connection with the the Area Development
supply of water and Authority may deem
electricity to dispose of necessary for performing
sewage and to provide its functions
and maintain other  to levy and collect such
services and amenities fees, for the execution of
and generally to do work
anything necessary for
purposes of such
development.
1
1
Master Plan and
Zonal
Development
Plan

12
 Master Plan and Zonal
Development Plan
U.P. Act (1973) MRTP Act (1966)

Section 8: Civil survey of, Section 13: Survey of

and master plan Region and preparation of
for the development area Regional plan
 The master plan shall-  Regional Board shall-
• define the various • prepare an existing-
zones into which the land-use map
development area • prepare a report of the
may be divided for the surveys
purposes of
development, • prepare the Regional
plan and other
• indicate the manner in documents, maps and
which the land in each information as the
zone is proposed to be Regional Board may
used, deem fit for illustrating or
• the stages by which explaining the provisions
any such development of the Regional plan.
shall be carried out &
• serve as a basic
pattern of framework
within which the
Zonal development
plans of the various
zones may be
prepared. 1
3
 Master Plan and Zonal
Development Plan
U.P. Act (1973) MRTP Act (1966)

Section 9: Zonal Section 14: Contents of

Development plans Regional plan
A zonal development plan  Allocation of land for
may contain- different uses
 A site-plan and use-plan  reservation of areas
for the development of for open spaces,
the zone gardens, etc.
 approximate locations  transport and
and extents of land uses communications
proposed in the zone for  water supply,
such things as public drainage, sewerage,
buildings and other sewage disposal and
public works and other public utilities
utilities, roads, housing,
recreation, industry,  industrial estates and
business, markets, any other large scale
schools, etc. development

 specify the standards of  preservation of

population density and
building density
 show every area in the
zone which may be
required or declared for
development or re-
development
objects, features,
structures or places of
historical, natural,
architectural or
scientific interest and
educational value
1
4
 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.
1
5
 Master Plan and Zonal
Development Plan
U.P. Act (1973) MRTP Act (1966)

Section 10: Submission of Section 15: Submission of

plans to the State Regional plan to State
Government for approval Government for approval
 State Government may  State Government
may
• Approve the plan
without modification • Approve the Regional
plan without
• Approve the plan with
modification for the
modifications
whole Region, or any
• Reject the plan with part
directions to the
• Approve the Regional
Authority to prepare a
plan with
fresh plan
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.

1
6
 Master Plan and Zonal
Development Plan
U.P. Act (1973) MRTP Act (1966)

Section 11: Procedure to be Section 16: Procedure to be

followed in the preparation followed in preparing and
and approval Plan approving Regional plans
 Authority shall prepare  Regional Board shall
a plan for inspection, prepare a draft Regional
publishing a notice, plan and publish a notice
inviting objections and in the Official Gazette,
suggestions from any stating that the draft
person 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. 1
7
 Master Plan and Zonal
Development Plan
U.P. Act (1973) MRTP Act (1966)

Section 12: Date of Section 17: Publication of

commencement of plan Regional plan and date of
 Immediately after a plan its operation
has been approved by  Immediately after a
the State Government, Regional plan is
the Authority shall give approved by the State
a notice stating that a Government, the
plan has been approved State Government
and naming a place shall publish a notice
where a copy of the plan stating that the
may be inspected at all Regional plan has
reasonable hours and been approved, and
upon the date of the first naming a place where
publication of the a copy of the Regional
aforesaid notice the plan plan may be inspected
shall come into at all reasonable
operation. 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”.
1
8
Development
of Lands

19
 Development of Lands
U.P. Act (1973) MRTP Act (1966)

Section 14: Development of Section 43 : Restrictions

land in the developed area on development of land
 After the declaration of  After the date on
any area as which the declaration
development area, no of intention to prepare
development of land a Development plan
shall be undertaken or for any area is
carried out or continued published in the
in that area by any Official Gazette, no
person or body person shall institute
(including a department or change the use of
of Government)- unless any land or carry out
permission for such any development of
development has been land without the
obtained in writing from permission in writing
the Vice-Chairman. of the Planning
Authority.
 No such permission
shall be necessary -
Click here

2
0
 Development of Lands
U.P. Act (1973) MRTP Act (1966)

Section 15: Application for Section 43 : Restrictions

permission on development of land
 Every person or body  The permission is
(other than any obtained from the
department of Planning Authority.
Government or any local  Similar provisions as
authority) desiring to UP Act.
obtain the permission
shall make an
application in writing to
the Vice-Chairman.
 On the receipt of an
application for
permission the Vice-
Chairman shall either
• grant the permission
• refuse to grant such
permission

2
1
Acquisition and
Disposal of Land

22
 Acquisition and Disposal of
Land
U.P. Act (1973) MRTP Act (1966)

Section 17: Compulsory Section 125: Compulsory

acquisition of land acquisition of land needed
 If any land is required for purposes of Regional
for the purpose of plan, Development plan, or
development, the State
Government town planning schemes, etc.
may acquire such land  Any land required, reserved
under the Provisions of or designated in a Regional
the land Acquisition plan, Development plan or
Act,1894. town planning scheme for a
 Where any land has public purpose or purposes
been acquired by the including plans for any area
State Government, after of comprehensive
it has taken possession development or for any new
of the land transfer the town shall be deemed to be
land to the Authority or land needed for a public
any local authority for purpose within the meaning
the purpose for which of the Land Acquisition Act,
the land has been 1894.
acquired on payment by
Authority.

2
3
Unauthorized
Development

24
 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.
2
5
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.

26