Uttar Pradesh Urban Planning and Development Act- 1973

all about the Uttar Pradesh Urban Planning and Development Act- 1973, in a form of questions and answers
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1. UP Urban Planning and Development Act-1973 AR. VIKRAM SINGH B. ARCH, M. ARCH, AIIA, AIOV IOV : A-25868 IBBI/RV/02/2019/11563

2. UP Urban Planning and Development Act-1973 Why the Urban Planning and Development Acts did come about or what is the reason for enactment of Urban Planning and Development Acts ? The failure of existing local bodies and other authorities to tackle the problem of town planning and urban development . To bring about an improvement in the existing situation and Development authorities patterned on the Delhi Development Authority were established for developing areas .

3. UP Urban Planning and Development Act-1973 When was the Act enacted? Enacted by the President in 1973. What is a Development Authority under the Act? An authority shall be a body corporate, having perpetual succession and will have the power to acquire, hold and dispose of property, both movable and immovable. It is constituted by State by notification in the Gazette for any development area

4. UP Urban Planning and Development Act-1973 What is a Development area and which are the development areas in U.P.? A development area is an area which, in the opinion of the State Govt. needs development. An area is declared as Development area by notification in the Gazette. The government of Uttar Pradesh has declared 21 areas as development areas between 1974 and 1987. Lucknow was declared a Development area on 11.09.1974 and on 13.09.1974 the Lucknow development Authority was constituted containing areas falling within the limits of Nagar Mahapalika and within a distance of 8 kms on all sides.

5. UP Urban Planning and Development Act-1973 Who are the members of the Development Authority? 1. A Chairman appointed by the State Government. 2. A Vice Chairman appointed by the State Government 3 . The Secretary to the State Govt. in charge of the department to which the business related to development is transacted – ex officio 4 . The Secretary to the State Govt., in charge of the Department of finance – ex officio 5 . The Chief Town and Country Planner, Uttar Pradesh – ex officio. 6 . The Managing Director of the Jal Nigam– ex officio 7 . The Mukhya Nagar Adhikari – ex officio. 8. The DM of the concerned district– ex officio. 9. Four members to be elected by Sabhasads of the Nagar Mahapalika of the said area (City). .

6. UP Urban Planning and Development Act-1973 What is an Advisory Council? An Advisory Council is constituted by the State Govt.for the purpose of advising the Authority on the preparation of the Master Plan and on matters related to development of the area. What are the Objects and field of operation of the Development Authority? - To promote and secure the development of the development area according to plan. - It has the power to acquire, hold, manage and dispose of land and other property, both movable and immovable -It can carry out building, engineering, mining and other operations, to execute works in connection with supply of water, electricity, to dispose of sewage and to provide and maintain other services and amenities

7. UP Urban Planning and Development Act-1973 What information is contained in the Master Plan? Defines the various zones in which the development area is divided for the purpose of development. As far as this is concerned, Lucknow Metropolis has been divided into 5 Planning Districts. Each Planning District has been divided into Planning Zones as given below Planning District “A” Planning District “B ” Planning District “C” Central city between River East of Kukrail Nala North of River Gomti Gomti and Railway line (15 Planning Zones ) (13 Planning Zones) (18 Planning Zones ) Planning District “D” Planning District “F” South of Railway line Use undefined (10 Planning Zones)

8. UP Urban Planning and Development Act-1973 What information is contained in the Master Plan ? (cont.) 2. Indicate the manner in which the land in each zone is to be used. 3 . Gives the stages in which the development is to be carried out . 4. Gives any other information for the proper development of the area . 5 . It serves as a basis for preparation of Zonal Development plans.

9. UP Urban Planning and Development Act-1973 What information is contained in the Zonal Development Plan? 1 . Contains a site-plan and use-plan for the development of the zone 2. Shows the approximate locations and extents of the land uses proposed in the zone such as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open space and other categories of public and private uses . 3. Specifies the standards of population density and building density. 4 . Shows every area in the zone which may, in the opinion of the Authority, be required for development or re-development .

10. UP Urban Planning and Development Act-1973 What information is contained in the Zonal Development Plan ? (cont.) 5. Contains information regarding the following:   The division of site into plots for erection of buildings. The allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes. The development of any area into a township or colony and the restrictions and the conditions subject to which such development may be undertaken. The erection of buildings on any site and the restrictions and considerations in regard to open spaces to be maintained in and around buildings and height and character of buildings.; The alignment of buildings on any site. The architectural features of the elevation or frontage of any building to be erected on any site. The no. of residential buildings which may be erected on a site. The amenities to be provided in relation to any site or buildings on such site whether before or after the erection of the building. The prohibitions and restrictions regarding erection of shops, workshops, warehouses or factories. The maintenance of walls, fences, hedges or any other structural or architectural construction and the height to which they will be maintained.

11. UP Urban Planning and Development Act-1973 Can the Development Authority implement a Plan? No. Every plan after its preparation is submitted to the Govt. for approval which may accept the plan, reject the plan or suggest modifications in the Plan . It is necessary for the Development Authority to prepare a fresh plan as per directions of the Govt.

12. UP Urban Planning and Development Act-1973 What is the procedure for the preparation and approval of the plan? 1 : The Authority prepares a draft plan. 2 : Publishes it in such form and manner as may be prescribed by regulations 3 : Makes copy available for inspection 4 : Invites objections and suggestions before a specified date 5 : Gives reasonable opportunity to every local authority of the concerned area to make representations with respect to the plan. 6 : Considers all objections, suggestions and representations 7 : Finally prepares a plan 8 : Submits it to the State Govt.. 9 : Provides all information needed by the Govt. 10: The Govt. approves the plan.

13. UP Urban Planning and Development Act-1973 What is the date of commencement of the Plan? After the approval of the plan by the Govt., the Authority shall publish a notice stating that the plan has been approved. The Authority, in this notice shall also name a place where the copy of the plan can be inspected. The date of first publication of the aforesaid notice is the date of commencement of the plan What are the other important provisions in the Act? Provisions regarding arterial roads in Development Area. Development of Lands. Acquisition and disposal of land. Supplemental and Miscellaneous Provisions What are the important provisions for arterial roads development? For buildings abutting an arterial road in any development area: The occupier of such building is responsible for repair, white-wash, colour-wash or paint of such buildings at his cost. If for reasons of symmetry or in case the occupier fails in his duty and the work is got done by the Authority, the occupier to pay for the cost of such work where the cost is calculated on ‘no profit, no loss basis’ for which the decision of the Authority is final.

14. UP Urban Planning and Development Act-1973 What are the important provisions for Development of Lands? 1 : No development of land in the Development area shall be undertaken/carried out/continue in any land by any person or body including a department of the Govt. without the permission of the Vice Chairman of the Development Authority. 2 : All development shall be in accordance with the plan. 3 : It is important to inform the Vice Chairman of the intent of development at least 30 days in advance 4 : It is also important for the Vice Chairman to give his decision within 3 weeks failing which it shall be assumed that the D.A. has no objection. 5 : In case of any objection by the Vice Chairman, in case the proposal is by a dept., the dept. can submit the proposal, along with objection to the State Govt. for decision . 6 : The State Govt. on receipt of the proposal for development has the power to approve the proposal after due modifications

15. UP Urban Planning and Development Act-1973 What is a completion Certificate? A person or a body, who has been granted permission to develop a land under the Act, upon completion of the project according to the approved plan has to send a notice to the Authority and obtain a certificate. This is called a completion Certificate No person should occupy or permit occupation of any commercial building until the completion certificate has been issued by the Authority unless the Authority has failed to issue a certificate within three months. Some important supplementary and miscellaneous provisions of the Act Power of entry : The Vice Chairman has the authority to authorise any person to enter any land or building subject to certain conditions such as entry permitted only between day hours; notice is given to the occupier, a woman is allowed to withdraw when the raid is being conducted . Penalties for contravention of plan : Fine up to Rs 50,000. Additional fine of Rs 2,500 per day if the offence continues Penalty for wrong landuse : Fine up to Rs 25,000. Additional fine Rs 1250 per day if the offence continues.

16. UP Urban Planning and Development Act-1973 STAGES FOR PREPARING A MASTER PLAN 1 : First of all, government notification is done to prepare the Master Plan of a city. Local planning authority is responsible to make the master plan, but if local planning authority can’t make the plan, the government can get it prepared by the state town planning department; the cost incurred is to be recovered from the budgets of the local planning authority 2 : After it is decided that a master plan is to be made, the next task is to decide objectives of the master plan. These objectives are directly taken from the town planning act of the state, under which the master plan is to be prepared. 3 : Then, surveys of existing conditions of that city is done and data base is prepared for this both primary as well as secondary sources are tapped 4 : Once a data base is prepared, the next stage is to analyse the data and based on the same, future projection are made for the plan period 5 : This stage consists of preparation of the draft master plan which consists the existing and proposed – land use maps, transportation network, facilities and amenities, density pattern, phases of development etc. Apart from these the draft master plan also contain report containing formation of regulation and zonal regulation are also included in it.