Lucknow (Shikhar): The act was promulgated on 12th June,1973 with act number 11 of 1973. The main reason behind enactment of this act was to effectively manage the quick urbanization and development pressures being experienced in growing cities and towns of the state which the existing municipal bodies and local authorities were not being able to effectively manage at that time. Serious town-planning problems were being witnessed due to fast paced urban growth. Municipalities and local bodies lacked resources to sort out this issue. Hence, the government noticed to establish development authorities for urban areas in the state. Urban development needed to take place according to plan. To guide future growth the requirement for preparation and enforcement of master plans and zonal development plans was taken into consideration. This act was basically focussed to solve the issues pertaining to haphazard expansion, unauthorized colonies and construction, lack of coordinated road networks, inadequate water supply, drainage and sewerage infrastructure, uncontrolled land-use changes, absence of long-term city planning and fragmented decision-making among different local agencies.
Urban development prior to 1973 was left to municipal institutions, model of state regulated development authorities like for example Kanpur Development Authority, Ghaziabad Development Authority, Agra Development Authority etc. this act enabled. The authorization of the authorities was to prepare Master Plans, approve or reject building plans regulate land use acquire and develop land, undertake housing and infrastructure projects and remove unauthorized developments.
The act emphasizes on the objectives of development authority, master plan and zonal development plan, arterial roads in development area, amendment of master plan and zonal development plan, development of lands, acquisiton and disposal of land, finance, account and audits, supplemental and miscellaneous provisions like power to stop development under section 28, Order of demolition of building under section 27 and under section 28-A. Power to seal unauthorised development and others powers mentioned under this act in chapter-8. The act was planned in 1973 describing everything pertaining only to the functioning of development authorities according to the need of time but it did not mentioned any provision relating to corruption, negligence in administration and misuse of power. Neither it was felt at any stage by the law makers to think over this concern.
The need for prevention corruption to happen was never felt since the enacting of this act else loss of public wealth would have been stopped. The act has provided for demolition of illegal construction but has not mentioned any punitive action against corrupt officers who either allow corrupt activities to happen or are negligent.It has been witnessed that developing authorities especially Lucknow development authority has been indulged in misuse of power, for instance many restaurant, hotels and refreshment zones have been sealed without following due process of law, the present act should also mention rigorous punishment for officials who are found involved in these types of activities only then this would be curbed. There is no accountability of officers that is the reason they are acting arbitrarily giving rise to corruption outcoming in degration of national image at global standard.
Lastly, the incomplete enactment has caused loss to public wealth, whenever demolition drive takes place overall expenditure is charged on public money including bulldozer jcb and policing. It is high time now for policy makers and legistors to review and make necessary reforms otherwise the public wealth will keep draining resulting in national loss. The advocates and journalists should raise this issue for legal awareness in society exerting ethical pressure on legistors to overcome this situation. Currently administrative setup of development authorites is under Cancerous state which seeks remedy by immediate reforms in the urban planning and development act as mentioned herewith.
About the Author
Mr. Shikhar is an advocate by profession. He holds an LL.M. degree from the United Kingdom and a Bachelor’s degree in Journalism and Mass Communication. He mainly writes on social and legal issues. His primary area of practice is on the civil side at the High Court, Lucknow Bench, and he has more than 11 years of experience at the Bar.
