Lucknow College of Architecture, Lucknow

Final Year B. Arch. AR — 1003 Development Legislation

UNIT-3 LAW RELATED TO LAND

Lecture 7 - URBAN DEVELOPMENT
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- Prof. Mukul Singh

THE U. P. (Urban Planning and Development) ACT- 1973

In the developing areas of the State of Uttar Pradesh the problems of town planning and urban development
need to be tackled resolutely. The existing local bodies and other authorities, in spite of their best efforts,
have not been able to cope with these problems to the desired extent. In order to bring about improvement in
this situation, the State Government considered it advisable that in such developing areas, Development
Authorities patterned on the Delhi Development Authority be established.
The Uttar Pradesh Urban Planning and Development, Act, 1973 was enacted by the President and this would
have ceased to have effect on the expiration of a period of one year after the Proclamation made by the
President under Article 356, but before that the Act was enacted.
The Act 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.

THE DEVELOPMENT AUTHORITY AND ITS OBJECT:

Declaration of Development Areas [S-3]: If in the opinion of the State Government any area within the
State requires to be developed according to plan, it plan, it may, by notification in the Gazette, declare the
area to be a development area.
The State Government has declared 21 Areas as development areas between 1974 and 1987. Lucknow was
declared Development Area on 11.9.1974 and on 13.9.74 the Development Authority was constituted.
Area falling with in the limits of the Nagar Mahapalika, Lucknow and a distance of eight kilometers on all
sides beyond the Nagar Mahapalika limits are Lucknow Development Area. If the Mahapalika limits change
the notification regarding the limits of Lucknow Development Area would need amendment so as to bring
the changed or amended limits of Lucknow Nagar Mahapalika within its sphere.
The Development Authority [S-4]:
1. The State Government may by notification in the Gazette constitute for the purposes of this
Act, an Authority to be called the Development Authority for any Development Area.
2. The Authority shall be a body corporate by the name given to it in the said notification, having
perpetual succession and common seal with power to acquire hold and dispose of property, both
movable and immovable and to contract and shall be the said name sue and be sued.
3. The Authority in respect of a development area which includes whole or any part of a city as
defined in the U.P. Nagar Mahapalika shall consist of the following members- Adhiniyam, 1959
(a) a Chairman to be appointed by the State Government,
(b) a Vice-Chairman to be appointed by the State Government,
(c) the Secretary to the State Government in-charge of the Department in which for the time
being, the business relating to the Development Authorities is transacted; ex officio;
(d ) the Secretary to the State Government, in-charge of the Department of Finance, ex-
officio;
(e) the Chief Town and Country Planner, Uttar Pradesh , ex officio;
(f) the Managing Director of the Jal Nigam, ex officio;

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Principal at Lucknow College of Architecture
 (g) the Mukhya Nagar Adhikari, ex officio;
(h ) the District Magistrate of every District any part of which is included in the
Development Area, ex officio;
(i ) four members to be elected by Councilors (Sabhasads) of the Nagar Mahapalika for the
said city from amongst themselves. Any such member shall cease to hold office as soon
as he ceases to be Councilors (Sabhasads) of the Nagar Mahapalika.
(j ) Such other members not exceeding three as may be nominated by the State Government.
4. The appointment of the Vice-Chairman shall be whole time. He shall be entitled to receive from
the funds of the Authority such salaries and allowances and shall be governed by such
conditions of service as may be determined by the State Government.
5. The members referred above as Secretary to the State Government may be represented by
Deputy Secretary, a Town Planner may represent the Chief Town and Country Planner and an
officer of the rank of superintending Engineer may repr3esent MD of Jal Nigam at the meeting of
the Authority.
6. The Authority in respect of a development area other then city as defined in The Uttar Pradesh
Nagar Mahapalika Adhiniyam, 1959, shall consist of a Chairman, a Vice-Chairman and not less
then five and not more than eleven such other members including at least one member each from
Municipal Boards or Notified Area Committee, 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.
Staff of the Authority [S-5]:
The State Government may appoint two suitable persons respectively as a 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. Other officers or
employees may be appointed as necessary.
The Secretary, the Chief Accounts Officer and other staff shall be entitled to receive from the funds oaf
the Authority as determined by regulations made in that behalf.
Advisory Council [S-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 relating to
the planning of development or arising out of, or in connection with the Administration of this
Act as may be referred to it by the Authority.
2. The Advisory Council in respect of a development area which includes whole or any part of a
city as defined in the U.P. Nagar Mahapalika Adhiniyam, 1959 shall consist of the following
members, namely-
(a) the Chairman of the Authority, ex officio who shall be 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 of his nominee, Deputy
Director, ex-officio;
(d) Four representatives of the local authorities to be elected by their members from among
themselves.
(e) The Transport Commissioner, Uttar Pradesh his nominee not below the rank of Deputy
Transport Commissioner, ex-officio;
(f) The Chairman, State Electricity Board, Uttar Pradesh or his nominee, ex officio;
(g) all members of the House of People and the State Legislative Assembly whose
constituency includes 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 shall represent the interest of industry and commerce in the
development area.
The Advisory Council shall meet as and when called by the Chairman, provided that such meeting
shall be held atleast twice a year.
Object of the Authority [S-7]:
The objects of the Authority 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 operation to
execute works in connection with the supply of water and electricity, to dispose of sewage and to provide
and maintain other services and amenities and generally to do anything necessary or expedient for
purposes of such development.

MASTER PLAN AND ZONAL DEVELOPMENT PLAN

Civil survey of, and master plan for the development area [S-8]:
I. The Authority shall, as soon as may be, prepare a master plan for the Development area.
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 and the stages by which any such development shall be carried out and;
(b) Serve as a basic pattern of framework within which the zonal development plans of the
various zones may be prepared.
3. The Master Plan may provide for any other master, which may be necessary for the proper
development of the development area.
In this Section "Master Plan" means a comprehensive plan showing the existing and proposed
location and general layout of –
(a) arterial streets and transportation lines,
(b) residential sections,
(c) business areas,
(d) industrial areas,
(e) education institutions
(0 public parks, play grounds and other recreational facilities,
(g) public and semi-public buildings,
(h) other land uses which are necessary.
A Master Plan shall be revised at the end of every 10 years and may be revised earlier if the Mahapalika
so thinks fit. Improvement schemes and the layout of new streets, drains, parks, factories and buildings
shall, as far as may be, be in conformity with the Master Plan.
Section 8 of the Act provides for the division of development area into zones for the purposes of
development. Lucknow Metropolis has been divided into 5 Planning Districts. Each Planning District has
been divided into Planning Zones as give below:

(Central City between River

(a) Planning District "A" - 18 Planning Zones
Gomti and Railway line)
(b) Planning District "B" (East of Kukrail Nala) - 15 Planning Zones
(c) Planning District "C" (North of River Gomti) - 13 Planning Zones
(d) Planning District "D" (South of Railway Line) - 10 Planning Zones
(0 Planning District "F" - - use undefined.
 Zonal Development Plans [S-9]:
1 Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority
shall proceed with the preparation of a zonal development plan for each of the zones into which
the development area may be divided.
2. A Zonal development plan may-
(a ) Contain a site-plan and use plan for the development of the zone and show the
approximate locations and extents of land uses proposed in the zone for such things as
public buildings and other public works and utilities, roads, housing, recreation, industry,
business markets, schools, hospitals and public and private open spaces and other
categories of public and private uses;
(b) Specify the Standards of population density and building density.
Population Density is the number of persons per Sq. M or square kilometre.
Building Density is also called residential or housing density. It is variously expressed in
number of dwellings, households, habitable rooms or persons per acre or hectare. The
prescription of maximum housing densities is an important tool of planning control for
preventing over-crowding and for safeguarding environmental amenities.
The Lucknow Metropolis has been divided into five planning districts, which have been
further subdivided into planning zones. In planning district-"A" residential density ranges
from maximum 250 persons per acre to a minimum of 50 persons per acre. The overall
residential density proposed in this district works out at about 66 persons per acre. In
planning district "B", "C" and "D" the overall residential density proposed is 54 persons,
42 persons and 52 persons per acre. These figures are based on 1961 census.
(c) show every area in the zone which may, in the opinion of the Authority, be required or
declared for development or re-development.
(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 building;
(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
(iv) The erection of buildings on any site and the restrictions and conditions in regard
to the open spaces to be maintained in or around buildings and height and
character of buildings.
(v) The alignment of buildings of any site;
(vi) The architectural features of the elevation or frontage of any building to be
erected on any site.
(vii) The number of residential buildings which may be erected on plot or site.
(viii) The amenities to be provided in relation to any site or buildings on such site.
(ix) The prohibition or restrictions regarding erections 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 height at which they shall be maintained.
(xi) The restrictions regarding the use of any for purpose other than erection of
buildings.
(xii) Any other matter which is necessary for the proper development of the zone and
any area thereof, according to plan and for preventing buildings being erected
haphazardly in such zone or area.
Preparation and approval of Plan [S-11]:
1- Initially the plan shall be prepared in draft and be published by making a copy thereof available
for inspection and publishing a notice in such form and manner as may be prescribed by
regulations, 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 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 authority, the Authority shall finally prepare the plan and submit it to the State Government
for its approval.
4. The State Government may direct the Authority to furnish such information as that Government
may require for the purposes of approving the plan.
5. The Government may either approve the plan without modification or with such modification,
as it may consider necessary or reject the plan with directions to prepare a fresh plan according
to such directions.

ARTERIAL ROADS IN DEVELOPMENT AREA

Maintenance and improvement of facade of certain buildings abutting arterial roads:
1- Where in any development area, any building occupied wholly, for non-residential purposes or
partly for residential and partly for non-residential purposes about an arterial road, the occupier
of such building shall be bound to repair, white-wash, colour-wash or paint the facade 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 colour scheme or other
specification made in that behalf considers it necessary or expedient so to do, or where any
occupier fails to repair, whitewash, colour-wash or paint the façade of any such building. It may
by order require that the said work shall be carried out by the Authority itself 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 such work shall be calculated on a "no profit no loss" basis and is 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.
4- In case of non-payment by an occupier of the whole or part of the cost of any work, it shall, on
the certificate of the Vice-Chairman, be recoverable from the occupier as arrears of land revenue.

Amendment of Plan [S-13]:

1. The Authority may make any amendments in the Master Plan or the Zonal Development Plan as
its thinks fit, which it 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 above or otherwise.
3. Before making any amendments in the Plan, the Authority or the State Government, as the case
may be, shall publish a notice in at least one newspaper inviting objections and suggestions with
respect to the proposed amendment and shall consider all objections and suggestions that may be
received.
4. Every amendment made under this section shall be published in such manner as the Authority or
the State Government may specify and the amendment shall come into operation either on the
 date of first publication or on the date fixed.
5. When the Authority makes any amendment in the plan it shall report to the State Government the
full particulars of such amendment within thirty days of the date on which such amendment came
into operation.
6. If any question arises whether the amendments proposed to be made by the Authority are
amendments which effect important alteration of the character of the plan, it shall be referred to
the State Government whose decision thereon shall be final.

DEVELOPMENT OF LANDS

Development of land in the development area [S-14]:

1After the declaration of any area as development area, no development of land shall be undertaken or
carried out or confirmed in that area by any person or body including a department of
Government, unless, permission for such development has been obtain in writing from the 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 under taken or carried out or continued in that area unless such development is also in
accordance with such plans.
3. Following provisions shall apply in relation to development of land by any department of any
State Government or the Central Government or any local authority-
(a) When any such department or local authority intends to carry out any development of land it
shall inform the Vice-Chairman in writing of its intention to do so, giving full particulars
therein including any plans and documents, at least 30 days before undertaking such
development.
(b) If the Vice-Chairman has no objection it should inform the same within three weeks from the
date of receipt by it of the departments intention, and if the Vice-Chairman does not make
any objection with in the said period the department shall be free to carry out the proposed
development.
(c) Where the 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 any other ground, such department or the
local authority shall-
(i) either make necessary modification in the proposal for development to meet
objection raised by the Vice-Chairman, or
(ii) submit the proposal for development together with the objections raised by the
Vice-Chairman to the State Government for decision.
(d) The State Government, on receipt of proposal for development together with the objections of
the Vice-Chairman, may either approve the proposals with or without modifications or
direct the department or local authority, as the case may be, to make such modifications as
proposed by the Government and decision of the State Government shall be final.
Application for permission for development [S-15]:
1. Every person or body (other than any Government department or any local authority) desiring to
obtain permission to carry out development activities shall make an application in writing to the
Vice-Chairman in such form and containing such particulars in respect of the development to
which the application relates as may be prescribed by bye-laws.
2. Every application shall be accompanied by such fees as may be prescribed by rules.
3. On the receipt of application for permission, the Vice-Chairman after making such inquiry, as it
considers necessary shall by order in writing either grant the permission, subject to such
 conditions, if any, as may be specified in the order or refuse to grant such permission. The
applicant shall be given a reasonable opportunity to show cause why the permission, should not
be refused. Correction and supplementary documents may be obtained if required.
4. Where permission is refused, the grounds of such refusal shall be recorded in writing and
communicated to the applicant.
5. Any person aggrieved by the order may appeal to the Chairman against that order within thirty
days who may after hearing both parties, either dismiss the appeal or direct the Vice-Chairman to
grant the permission applied for with such modifications or subject to such conditions, if any, as
may be specified.
6. The Vice-Chairman shall keep a register of applications for permission under this section. The
register shall be available for inspection by public.

ACQUISTION AND DISPOSAL OF LAND

Compulsory acquisition of land [S-17]:
1. If in the opinion of the State Government, any land is required for the purpose of development, or
for any other purpose. Under this Act, the State Government may acquire such land under
provisions of the Land Acquisition Act, 1894.
If the land has not been utilized within the period of five years for the purpose for which it was
acquired, the person from whom the land is acquired may apply to the State Government for
restoration of that land to him. The State Government may order restoration of the land to him on
repayment of the charges, which were incurred in connection with the acquisition together with
interest at the rate of twelve percent per annum and development charges if incurred.
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 purpose
for which the land has been acquired on payment by the Authority.
Disposal of land by the Authority or the Local Authority concerned [S-18]:
The Authority or Local Authority concerned may dispose of any land acquired by the State Government
and transferred to it with or without 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
development of the Development Area according to Plan.