Chapter VIII of the Uttar Pradesh Urban Planning and Development Act, 1973
Scheme and Sections of Chapter VIII
Chapter VIII covers Sections 25 to 54 and is headed “Supplemental and Miscellaneous Provisions”. The sections can be grouped broadly as inspection and offences, enforcement powers, financial and betterment provisions, recovery and control, and general procedural safeguards.[2][3]
| Section | Marginal heading (shortened) | Core subject |
|---|---|---|
| 25 | Power of entry | Authorised entry into land/buildings for survey, inspection, enforcement and allied purposes.[4] |
| 26 | Penalties | Penal consequences for unauthorised development and use of land/buildings and for obstructing authorised entry.[4] |
| 26‑A–26‑D | Encroachment and related offences | Creation, removal and non‑prevention of encroachments/obstructions on public land and related compensation.[3][4] |
| 27 | Order of demolition of building | Demolition of works commenced or carried out contrary to plan or without/contrary to permission.[3][6] |
| 28 | Power to stop development | Stop‑work directions where development is being carried on unauthorisedly or in breach of conditions.[3][7] |
| 28‑A | Power to seal unauthorised development | Sealing of premises where unauthorised development is going on or has taken place.[3][8] |
| 29 | Conferment of other powers | Allocation of certain powers under other laws to the Authority for effective implementation.[3] |
| 30 | Offences by companies | Vicarious liability of persons in charge of a company for offences under the Act.[3] |
| 31 | Fines payable to Authority | Credit of fines realised under the Act to the Development Authority.[3] |
| 32 | Composition of offences | Power to compound specified offences on payment of composition money.[3] |
| 33 | Authority may provide amenity at cost of owner | Enforcement of amenities or development at owner’s cost, including levy of cess for default.[2][3] |
| 34 | Local authority to assume responsibilities | Power to require a local authority to take over certain services or amenities provided by the Development Authority.[2][3] |
| 35–38 | Betterment charges | Levy, assessment, finality and payment of betterment charges on land whose value increases due to the Authority’s schemes.[2][3] |
| 38‑A | Land‑use conversion and development charge | Power to levy land‑use conversion charge and development/city development charge.[2][9] |
| 38‑B | Urban use charge | Power to levy an urban use charge on persons or bodies benefiting from authorised urban use.[1][2] |
| 39 | Additional stamp duty | Additional stamp duty on certain transfers in development areas, dedicated to the Authority.[2][3] |
| 39‑A | Toll for amenities | Authority’s power to levy tolls for specified amenities like roads or bridges.[2][3] |
| 39‑B–39‑C | Licensing and licence fee | Licensing of private developers for assembly and development of land and levy of licence fee.[1][9] |
| 40 | Recovery of money due | Recovery of sums due to the Authority as arrears of land revenue or by other prescribed modes.[2][3] |
| 41–42 | Control and returns | State Government’s control over the Authority and requirement of returns and inspections.[2] |
| 43–45 | Service and content of notices | Rules for service of notices and public notices and requirement of reasonable time in notices.[2][10] |
| 46–47 | Authentication and public servants | Authentication of orders/documents and declaration of members/officers as public servants.[2] |
| 48–49 | Jurisdiction and sanction | Bar on jurisdiction of civil courts and requirement of sanction for prosecution.[2][10] |
| 50–54 | Protection, delegation, savings | Protection for actions taken in good faith, delegation of powers, savings, exemptions and plan modifications.[2][3] |
This structure shows that Chapter VIII is both the enforcement backbone and the fiscal engine of the UPUPDA, tying together regulatory powers, penal provisions and financial tools.[2][3]
