Chapter VIII of the Uttar Pradesh Urban Planning and Development Act, 1973
Encroachment and Obstruction on Public Land โ Sections 26โA to 26โD
Sections 26โA to 26โD, inserted later, specifically address encroachments and obstructions on public land within development areas. Section 26โA 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 nonโprivate land by depositing materials or other objects, reflecting the common problem of construction materials and commercial spillโovers occupying public space.[3][4]
Section 26โB provides a limited right to claim compensation for removal of encroachments made under Section 26โA in specified situations, ensuring that bona fide occupiers or persons affected by overโbroad removal actions have a statutory remedy. Section 26โC 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 26โD 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]










