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

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Encroachment and Obstruction on Public Land โ€“ Sections 26โ€‘A to 26โ€‘D

Sections 26โ€‘A to 26โ€‘D, inserted later, specifically address encroachments and obstructions on public land within development areas. Section 26โ€‘A makes unauthorised encroachment on land that is not private property, whether or not it vests in the Authority, an offence punishable with simple imprisonment up to one year and fine up to twenty thousand rupees, and declares such offence cognisable. It also separately penalises obstruction of public streets or other nonโ€‘private land by depositing materials or other objects, reflecting the common problem of construction materials and commercial spillโ€‘overs occupying public space.[3][4]

Section 26โ€‘B provides a limited right to claim compensation for removal of encroachments made under Section 26โ€‘A in specified situations, ensuring that bona fide occupiers or persons affected by overโ€‘broad removal actions have a statutory remedy. Section 26โ€‘C authorises the Authority to remove any erection or deposit made in contravention of the Act without notice in defined circumstances, underscoring the urgency often required in clearing public land. Section 26โ€‘D creates liability for persons under an obligation to prevent encroachment, such as functionaries responsible for protecting Authority or public land, thereby attempting to curb connivance or negligence.[4][3]

Demolition, Stopโ€‘Work and Sealing Powers โ€“ Sections 27, 28 and 28โ€‘A

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