Chapter VIII of the Uttar Pradesh Urban Planning and Development Act, 1973

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Recovery, Control and Procedural Safeguards โ€“ Sections 40 to 45

Section 40 provides that all moneys due to the Authority under the Act, including charges, fees, betterment charges, cost of demolition or amenities and penalties, are recoverable as arrears of land revenue, unless otherwise provided. This gives the Authority access to the coercive machinery of revenue recovery, which is far more effective than ordinary civil suits for recovery of dues.[2][3]

Section 41 vests the State Government with general control over the Authority, including the power to call for records, issue directions and require reports, ensuring that Chapter VIII powers are exercised in line with broader state policy and constitutional norms. Section 42 requires returns and inspections, enabling regular monitoring of the Authorityโ€™s functioning and finances.[20][2]

Sections 43 to 45 lay down rules for service and content of notices and for public notices. They clarify modes such as personal service, registered post, affixture, and publication, and mandate that notices should specify a reasonable time for compliance, failing which coercive action may be challenged as arbitrary. Recent Supreme Court scrutiny of demolition actions under Section 27 has relied heavily on whether notices were genuinely served in accordance with Section 43 and whether sufficient time was afforded, linking these procedural safeguards in Chapter VIII with fundamental rights jurisprudence.[14][13][4][10][2]

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