Urban Planning & Development Act, 1973

REPORT ON
UTTAR PRADESH URBAN PLANNING &
DEVELOPMENT ACT, 1973
SUBMITTED BY: AMAN KUDESIA
FACULTY OF ARCHITECTURE & PLANNING
AKTU, LUCKNOW
PLANNING LEGISLATION & URBAN GOVERNANCE
ACT
URBAN PLANNING
AND DEVELOPMENT

UTTAR PRADESH URBAN PLANNING & DEVELOPMENT ACT, 1973
1March 23, 2020
ABSTRACT
Urban planners are faced with the decision of what planning policy to pursue in order to achieve
the best possible future. Many cities in developed nations use comprehensive models that
simulate various aspects of the urban system, capable of predicting implications of a given set
of policy inputs, to assist the planning process. However, in developing countries, demographic
and socioeconomic data with appropriate spatial disaggregation are difficult to obtain. This
constrains the development of such comprehensive urban models to support planning
decisions. In the absence of models, the plan-making process usually inclines towards a more
intuitive approach.
Using simplified urban models adapted to the data constraints, this paper
explores the prospects of enhancing planning in developing countries, with the aim of shifting
the plan-making process from being purely intuitive towards being more scientific. The
SIMPLAN (SIMplified PLANning) modelling suite has been developed for the case study city
of Ahmedabad, India (the calibration per se is not discussed) to test alternative urban planning
policies (combinations for land use and transport) for the year 2021.

2March 23, 2020
Table of Contents
1. Introduction .................................................................................................03
2. Urban Planning Act.....................................................................................04
3. Powers of the Authority ..............................................................................05
4. Powers of State Government ...................................................................07
5. Powers Of Court .........................................................................................07
6. Provisions under Master Plan ..................................................................08
7. Provisions under Zonal Development plans ............................................09
8. Provisions under Acquisition and Disposal of Land ............................11
9. References.....................................................................................................14

3March 23, 2020
1. Introduction
Growth of any urban settlement is governed by the needs, aspirations and requirements of
its habitants rather than the enforcement of development plans, zoning regulations and the
bye laws. The urban settlements are regularly subject to dynamic social, economic, political
and technological dynamics. The success of any development plan depends on the quantum
of proposals being implemented and the acceptability of the habitants without any
confrontation. And how much of expectations and aspirations of residents are fulfilled.
Level of provision of adequate physical and community infrastructure and improvement of
quality of life is the index of success of any development plan. Urban planning is the
process in which all the physical developmental activities of a town are controlled,
regulated and monitored from time to time.
These processes are formulated and envisaged in the form of a comprehensive
plan, broadly known as “Master Plan”. It is a statutory requirement for every city before
implementation of any development proposals. It deals mainly with two aspects: Land use
information, and development guidelines .In India, State Town and country planning
departments (TCPD) are the nodal agencies responsible for preparation and implementation
of this plan. This plan has to regulate all physical development proposals and planning
guidelines within the city. The Master Plan is an instrument to achieve these objectives
.The city is a corporate entity which is administered by local government. The local
government of the city has a great deal of influence on the nature, extent and manner of
development of the city. The various utilities, services and facilities provided by the Centre,
State and Local governments affect the urban environment. The local government has to
co-ordinate the various decisions which affect the physical development of the community.

4March 23, 2020
2. Urban Planning Act, 1973
An urban planning program may be divided into four basic stages: formation of goals and
objectives, basic research/available data / study of existing scenario, plan preparation and
plan implementation. The basic stage, a general statement of community goals and
objectives, allows a planning agency to express the general values and goals of the citizens,
in regard to future development. By this statement a consensus of future development
policy can be formed, as it indicates, broad objectives, how they can be realised and also it
provides guidance for the formation of plan. Efficiency of a plan depends on the accuracy
of basic information on which it is based on. So the second part is basically the collection
of available data, condition, further it is analysed. This analysis should reveal the
community needs and problem. After the goals and objectives have been stated and the
research accomplished a plan can be prepared.
This plan tries to indicate how private and public action can achieve certain
community goals and policies in next 10 to 20 years. A plan synthesizes the available
information and proposes various ways to meet specific problem. A plan is not a rigid
design of the future, it suggests solution to specific current problem and to those future
problems that can be foreseen. It is a program for action and a guide to future development.
For it to be effective, the community must carry out not in next 10 years, but continuously.
If a plan is viewed as a direction for action its success depends upon the way it is
implemented. One way the plan can be put in to operation is by public action, if a
community builds its public building and its civic developments in accordance with the
plan much can be carried out in the proposal of the plan.

5March 23, 2020
3. Powers of the Authority
The Authority shall have the following powers, namely -
To carry out surveys of the land, water resources, agriculture production and the like as
may be considered necessary by the Authority for formulation of the plans
To require any State Government department, local body or corporate body to assist in
the formulation of a plan, including survey for its formulation , and to call for records
and documents from any State Government department, local body, corporate body or
any individual for the purpose of such survey or formulation of plan
To take all measures necessary for implementation of the approved plan, including the
following -
o construction, improvement, maintenance or operation of the irrigation system;
o development and maintenance of the main and subsidiary drainage systems;
o ensuring of efficient maintenance of the field channels and field drains by the
farmers;
o measures for land development, either on its own or through other agencies;
o enforcing an appropriate system of distribution and regulation of water supply,
including osrabandi;
o development and control of ground water resources and ensuring its conjunctive
use along with surface irrigation both for control of ground and augmenting
irrigation water;
o selection, introduction and. enforcing of suitable cropping pattern;
o localization and delocalization of lands for various crops;
o ensuring supplies of all inputs and services;

6March 23, 2020
o in the command areas, and grating of special loans to them, and their recovery;
o development of marketing, processing and storage facilities;
o development of subsidiary activities in the fields of animal husbandry, dairy,
poultry farm, forestry, fisheries and horticulture;
o organizing agricultural co-operatives and associations;
o construction of roads;
o promotion and selling up of rural growth centres for integrated area development;
o agriculture extension services, including training of farmers, artisans, field research
on experimental stations and farms and farmers service societies;
o Promotion and development of small and marginal farmers, agriculture labourers
and village artisan.
To acquire and hold such movable and immovable property as it may deem necessary,
and subject to such limitations as may be prescribed, lease, sell or otherwise transfer
such properly;
To borrow money in the open market by issuing bonds and debentures and other
securities carrying interest.
To borrow money and accept deposits from the Central Government, the State
Government, any bank or financing institution and, with the approval of the State
Government, from a corporate body or from any other persons;
To levy such fees, dues and other charges as are considered necessary to recover the
cost of providing irrigation water and various services;
To carry on the activities of marketing, processing or storage of any agricultural
produce, seeds, fertilizers, pesticides or any cottage industry.

7March 23, 2020
4. Powers of State Government
The Authority will complete such headings as might be given to it every once in a while
by the State Government for the proficient organization of this Demonstration.
The activity of its forces and release of its capacities by the Authority, under this
Demonstration any question emerges between the power and the State Government the
choice of the State Government on such contest will be conclusive.
The State Government may, whenever, either on its own movement or on application
made to it right now, for the records of any case discarded or request passed by the
Authority or the Administrator to fulfil itself with regards to the legitimateness or
respectability of any request passed or bearing gave and may pass such request or issue
such course in connection thereto as it might suspect fit:
Given that the State Government will not pass a request biased to any individual without
managing such individual a sensible chance of being heard.
Each request for the State Government made in exercise of the forces presented by this
Demonstration will be conclusive and will not be brought being referred to in any court.
5. Duties & Functions of a Town Planning Officer
Arranging officials are open division arranging professionals. Arranging officials for the
most part work for neighbourhood arranging specialists, engaged with improvement the
executives related with the nearby town arranging framework. Be that as it may, they may
likewise work in other open segment associations. Some arranging officials are individuals
from the Planning Officers Society (POS) which seeks after '… great and powerful
arranging practice inside nearby government'.
Arranging officials can be associated with a wide scope of improvements, from
little changes to private abodes through to huge framework ventures. They should have a

8March 23, 2020
decent information on the neighbourhood network, enactment, ecological issues and social
duties. Their obligations may include:
Pre-application guidance.
Approve arranging applications.
Handling arranging applications.
Surveying recommendations for arranging consent.
Arranging conditions and arranging commitments.
Leading site visits to decide if advancements are continuing as per consents.
Arranging arrangements where issues happen.
Examining and assembling proof.
Getting ready reports for arranging councils and making proposals.
Utilizing designated position to decide some arranging applications.
Getting ready proclamations setting out the arranging authority's case on advance.
Giving counsel to individuals from people in general and local gatherings.
6. Provisions under Master Plan
The Authority will, when might be, set up an end-all strategy for the improvement
territory.
The ground breaking strategy will:
o characterize the different zones into which the improvement zone might be isolated
for the reasons for advancement and show the way wherein the land in each zone is
proposed to be utilized (regardless of whether by the completing consequently of
improvement or something else) and the phases by which any such improvement
will be done; and

9March 23, 2020
o Fill in as an essential example of structure inside which the Zonal. Advancement
plans of the different zones might be readied.
The all-inclusive strategy may accommodate some other issue which might be
important for the correct advancement of the improvement region.
7. Provisions under Zonal Development plans
Simultaneously with the arrangement of the ground breaking strategy or when might
be from that point, the Authority will continue with the readiness of a zonal
improvement" plan for every one of the zones into which the advancement region might
be isolated.
A zonal advancement plan may:
o contain a site-plan and use-plan for the advancement of the zone and show the
estimated areas and degrees of land utilizes proposed in the zone for such things as
open structures and other open works and utilities, streets, lodging, amusement,
industry, business, markets, schools, medical clinics and open and private open
Spaces and different classes of open and private employments;
o indicate the measures of populace thickness and building thickness;
o show each zone in the zone which may, in the assessment of the Authority, be
required or proclaimed for advancement or re-improvement; and
o Specifically, contain, arrangements with respect to all or any of the accompanying
issues, to be specific. - the division of any site Into plots for the erection of
structures;
• the designation or reservation of land for streets, open spaces, gardens,
entertainment grounds, schools, markets and other open purposes:

10March 23, 2020
• the improvement of any zone Into a township or state and the limitations and
conditions subject to which such advancement might be attempted or
completed,
• the erection of structures on any site and the limitations and conditions with
respect to the open spaces to be kept up in or around structures and tallness and
character of structures:
• the arrangement of structures of any site;
• the structural highlights of the height or facing of any structure to be raised on
any site,
• the quantity of private structures which might be raised on plot or site;
• the enhancements to be given comparable to any site or structures on such site
whether previously or after the erection of structures and the individual or
authority by whom or to whose detriment such comforts are to be given:
• The disallowances or limitations with respect to erection of shops. work-shops,
distribution centres of processing plants or structures of a predetermined
engineering highlight or structures intended for specific purposes in the
territory,
• the support of dividers, wall, fences or some other basic or structural
development and the tallness at which they will be kept up;
• the limitations in regards to the utilization of any site for purposes other than
erection of structures;

11March 23, 2020
8. Provisions under Acquisition and Disposal of Land
Land to assemble will be given on rent gave that in unique conditions terrains might be sold
with the past endorsement of the State Government.
Rent of land for building reason might be allowed by putting the premium to sell or on pre-
decided rate or premium:
Provided that premium of terrains implied for business use will be put to sell:
Provided additionally that yearly lease in either case will be the common yearly lease in
the region for comparable class of land:
Provided further that no premium will be charged in leases for beneficent and instructive
purposes.
The period or rent given under sub-rule will be thirty years with a privilege of restoration
for two further times of thirty years each subject to upgrade of lease not surpassing 50
percent of every recharging.
No never-ending leases will be given.
The Board may reserve various private plots in any plan for allocation to unique
classifications or classes or people at pre-decided rates.
The different classifications who might be considered for such apportioning will be
affirmed to the accompanying rundown:
Those whose land or building has been procured for any plan of the Board.
Non-gazetted Government workers/Class III and Class IV representatives of
Neighbourhood Bodies including the Board.
Gazetted Government worker/Class I and Class II utilizes of Nearby Bodies including the
Board.
Professional men like instructors, specialists, legal counsellors.
Defence staff.

12March 23, 2020
Those having a place with low salary gathering yet not indicated previously.
Those having a place with centre pay gathering however not determined previously.
Others not secured by the above classifications:
Given that an individual whose land or building has been obtained for any plan of the Board
will be given inclination in the matter of designation of a plot of appropriate size on pre-
decided premium which will, in no conditions be not exactly the genuine all out expense,
and the yearly lease likewise will be equivalent to for different plots:
Given further that 15 percent. of the house plots created by the Board under the Land
Obtaining and Improvement Plan might be saved for designation 'on no benefit no
misfortune's premise to protection staff in the accompanying request of need:
Handicapped help staff who have no appropriate settlement of their own;
Widows or different wards of resistance work force who have been executed in military
activity;
Groups of administration staff posted in field regions who have no convenience of their
own:
Other serving staff.
If the quantity of candidates of any unique classification or class surpasses the quantity of
plots to be distributed parts will be drawn from each one of those candidates to the degree
of the quantity of plots accessible in addition to 25 percent. Thereof to fill in as a holding
up list.
In the occasion of an individual or people not tolerating an idea of assignment the plots will
be allocated to the individual or people on the holding up list in the request indicated in
that.
Such candidates who want to be available at the drawing of parcels will be permitted to do
as such.

13March 23, 2020
Normally no rent of land at concessional rates will be considered purposes other than
magnanimous, (for example, for emergency clinics, instructive organizations or halfway
houses) and the concession so permitted will not surpass half of the yearly rental thereof.
Given that if the aggregate sum of concession, for example the measure of premium and
promoted estimation of lease not to be charged, surpasses Rs. 15,000 in esteem in KAVAL
urban areas and Rs.10, 000 in different urban areas, the proposition will be alluded to the
State Government for endorsement.
Despite anything contained in sub-rule (5), the Board may, with the earlier endorsement of
the State Government, authorize a rent or offer of land for such purposes and at such rates
as it might, having respect to the extraordinary conditions of the case, think about
appropriate.
Each allotted/buyer will execute a rent cum deal deed in such structure as might be
recommended by the Board. The structure might be recommended in the Standard itself.
Each rent or offer of land will be dependent upon the accompanying other than such
different conditions as might be set somewhere around the Board.
No plots will be allocated to an individual who or whose spouse/husband or any of his/her
needy relations including unmarried youngsters possesses a house or private plot of land in
the city or town where the plot to be dispensed untruths or as of now claims more than one
house or private plot of land in some other city or town in Uttar Pradesh.
The allotted of a plot will be required to build the house as per the endorsed designs inside
three years from the date of distribution, bombing which the land would be at risk to be
continued.
Given that if there should arise an occurrence of offer or move of little size plot having a
house with one room, washroom and a kitchen, or a huge size plot having a house with two
rooms, restroom, and a kitchen, the allotted will not be subject to pay any such sum.

14March 23, 2020
9. References
UPUPDA, 1973 – awas.up.nic.in
Town & Country Planning Department – uptownplanning.gov.in
The Uttar Pradesh Urban Planning & Development – lawsofindia.org
UPUPDA, 1973 – indiawaterportal.org
UPDA - Latestlaws.com

Urban Planning & Development Act, 1973

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