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CHAPTER I Preliminary
1. Short title and extent.-
(1) This Act may be called the Uttar Pradesh Urban Planing and Development Act, 1973.
(2) It extends to the whole of Uttar Pradesh, excluding Cantonment areas and lands, owned, requisitioned or taken on lease by the Central Government for the purposes of defence.
In this Act unless the context otherwise requires-
(a) 'amenity' includes road, water supply. street lighting, drainage, sewerage. 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 intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not:
(c) 'building operations' includes rebuilding structural alterations of, or additions to, buildings operations normally undertaken in connection the construction of buildings:
(d) 'bye-law' means a bye-law made under this Act by the Development Authority:
(dd) 'Chairman' and 'Vice-Chairman shall mean respectively the Chairman and Vice-Chairman of the Development Authority.]
(ddd) "City Development Charge" means the charge levied on a private developer under Section 38-A for the development of the land;
(e) '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:
(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 any development area, means the Development Authority constituted under Section 4 -for that area:
(gg) 'Development Authorities Centralised Service' means a Centralised Service created under Section 5-A):
(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 Development Authority):
(h)'engineering operation' includes the formation or laying out means of access to a road or the laying out of means of water supply:
(hhh) "license fees"
(i) 'means of access' includes any means of access, whether private or public for vehicles or for foot passengers, and includes a road:
(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;
(iii) "private developer"
(j) regulation' means a regulation made under this Act by the Development Authority.
(k) rule' means a rule made under this Act by the State Government:
[(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 places:)
(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 affect an alteration of its drainage or sanitary arrangements, or materially affect its security:
(iv) the addition of any rooms, buildings, houses or other structures 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 body for using water supplied by, the Authority for building operation or construction of buildings.]
(m) 'zone' means any one of the divisions 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.
55. Master Plan prepared by a Development Authority under the provisions of tire U.P. Urban Planning & Development Act, 1973, requires approval of?
(a) Vidhan Sabha
(c) State Government
(d) Each House of the State Legislature
95. The Development Authority under the U.R Urban Planning and Development Act, 1973 can make any amendment in the zonal development plan as it thinks fit-
(A) which amendments in its opinion effect important alterations in the character of the plan
(B) which amendments in its opinion relate to the extent of the land uses
(C) which amendments in its opinion do not relate to the standards or population density
(D) which amendments in its opinion relate to the standards or population density.
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12. (a) What is the ‘Master Plan’ and ‘Zonal Development Plan’ under the U.P. Urban Planning and Development Act, 1973? What is to be included in the above plans? Explain the procedure for preparation of above plans. What procedure is to be adopted in case the Plans are to be amended? 15
29. Which is incorrect: In a Development Area notified under the Uttar Pradesh Urban Planning and Development Act, 1973, the Development Authority has power to :
(a) Prepare a master plan
(b) Carry out amendment in the master plan
(c) Change land uses or standards of population density
(d) Direct painting of facade of private buildings
30. Completion Certificate, under the Uttar Pradesh Urban Planning and Development Act, 1973, if not granted or refused after service of statutory notice, is deemed to be granted after expiry of :
(a) Sixty Days (b) Six Months
(c) Three Months (d) One Month
83. Which section of Urban Planning and Development Act, 1973 mandates that after declaration of any area as development area under section 3 of the Act no development of land shall be undertaken or carried out unless permission for such development has been obtained in writing from the Vice Chairman.
(A) Section 12
(B) Section 14
(C) Section 41
(D) Section 15
40. The authority competent to grant permission for development of land in a development area under U.P. Urban Planning and Development Act, 1973 is-
(A) Development Authority
(B) Chairman of the Development Authority
(C) Vice-Chairman of the Development Authority
(D) State Government
4(c) An order of demolition is passed by the development Authority against ‘A’ whose building stands over land which is beyond the limits of the development area. What are the remedies available to such a person? Can he maintain a civil suit? Discuss with reference to statutory provisions, legal principles, and case Law.
92. A person taking vacant land on lease from Development Authority under the U.P. Urban Planning and Development Act, 1973 for making constructions if fails to make the same within the stipulated time and the extended time, the lease would be liable to cancellation after maximum period of:
A. 2 + 2 = 4 years
B. 5 + 5 = 10 years
C. 5 + 1 = 6 years
D. None of these
91. Which of the fees [(i) water fees (ii) stacking fees (iii) license fees (iv) development fees] a Development Authority is empowered to levy in a development area under the provisions of the U.P. Urban Planning and Development Act, 1973:
A. .i, iii, iv
B. .i, ii, iv
C. .ii, iii, iv
D. .i, ii, iii, iv
93. Power to order demolition under Section 27 of the U.P. Urban Planning and Development Act, 1973 can be delegated by:
A. State Government
C. Vice Chairman
D. None of the above
31. Which is correct: An encroachment made on public land by a person belonging to weaker section after commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 shall be :
(a) Regularized on such terms and conditions as may be prescribed
(b) Rehabilitated by allotting alternative land
(c) Evicted like any other person
(d) Subjected to penalty
4. Which section under the U.P. Urban Planning and Development Act,1973
provides the composition of offences i
(a) Section 32
(b) Section 35
(c) Section 54
(d) Section 40
7. Who has power to make regulation under the provisions of the U.P. Urban Planning and Development Act, 1973 :
(a) State Government
(b) Development Authority
(c) Vice-Chairman of Authority
(d) Chairman of the Authority *
8. Section 26 C of the U.P. Urban Planning and Development Act, 1973 empowers the Authority to remove anything erected over any street or upon or over any open channel, drain etc. contrary to the provision of Act Which statement is correct regarding exercise of the said power :
(a) The Authority can remove permanent or temporary structure without notice
(b) A notice of 15 days is necessary before removal
(c) A notice of only 7 days is necessary
(d) A notice of only 3 days is necessary
54. Appeal against demolition order passed under Section 27 of the U.P. Urban Planning and Development Act, 1973 lies to :
(a) Vice Chairman
(b) Officer designated by State Government
(d) State Government
24. The Vice Chairman of a development authority has power to stop the development, if the development has been commenced :
(a) In violation of Section 27 of the U.P. Urban Planning and Development Act, 1973
(b) In violation of Section 19 of U.P. Urban Planning and Development Act, 1973
(c) In violation of Section 14 of U.P. Urban Planning and Development Act, 1973
(d) None of the above.
37. The Authority under the U.P. Urban Planning and Development Act, 1973 has power to levy betterment charges :
(a) Under Section 36 of the Act referred herein above.
(b) Under Section 31 of the Act, referred herein above.
(c) Under Section 35 of the Act, referred herein above.
(d) None of the above.
84. What maximum penalty can be imposed in a non-continuing offence if any development has been made after declaration of the area as development area under section 3 of the Urban Planning and Development Act, 1973 without permission of Vice Chairman of the Authority?
(A) Rs. Thirty Thousand
(B) Rs. One Lac
(C) Rs. Fifty Thousand
(D) None of the above
Q.3. (a) what are the penal provisions in U.P. Urban Planning and Development Act, 1973? What is the manner and procedure for compounding the offences under the U.P. Urban Planning and Development Act, 1973 under which the state Government exercises its control over a development Authority?
10 (c) Apart from power to order demolition of building under Section 27 of the U.P. Urban Planning and Development Act, 1973, what other powers can be exercised by the Development Authority to stop construction being raised in contravention of Master Plan?
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16. The order for demolition by the competent authority under the U.P. Urban Planning and Development Act, 1973 can be passed by invoking which provision of the said Act and the procedure prescribed in relation thereto? Explain with the help of case law, if any. 10
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17. A premise can be sealed if the construction thereof is in deviation of a sanctioned plan and is contrary to the provisions of UP. Urban Planning and Development Act, 1973. What are the provisions and the mode of exercise of power available to the competent authority in this respect ? 10
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10. (a) What are the penal provisions contained in UP. Urban Planning and Development Act, 1973? What is the manner and procedure for compounding the offences under the UP. Urban Planning and Development Act, 1973? Answer referring to relevant statutory provisions. 10
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12. (b) Under the U.P. Urban Planning and Development Act, 1973 the Development Authorities are armed with very extensive powers to deal with unauthorised constructions. Give details of actions, measures which can be taken by the Development Authorities? Answer referring to provisions of the Act. 10
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8. (b) What are the powers given to Development Authorities under the U.P. Urban Planning and. Development Act, 1973 with regard to developments made within the development area contravening the provisions of the Act and what an the special powers given to the Development Authorities with regard to encroachment or obstruction on public land ? 10