Uttar Pradesh act 010 of 1945 : The UNITED PROVINCES ROADSIDE LAND CONTROL ACT, 1945

.(1) This Act may be Called the United Provinces Roadside Land Control Act, 1945.

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(2) It extends to the whole of the United Provinces, except cantonment areas.

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(3) It shall come into force on such date as the Provincial Government may, by notification in the official Gazette, appoint.

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In this Act, unless there is anything repugnant in the subject or context, -

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(1) agriculture includes horticulture and the planting and upkeep of orchards ;

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(2) building means a house, hut, shed or other roofed structure, for whatsoever purpose and of whatsoever material constructed, and every part thereof, and includes a wall or masonry platform or masonry ditch or drain, but does not include a tent or other such portable and merely temporary shelter ;

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(3) Collector includes any authority appointed by the Provincial Government, by notification in the official Gazette, to perform all or any of the functions of the Collector under this Act ;

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(4) place of worship includes a temple, church, mosque, imambara, dargah, karbala, takya, idgah, samadhi, math, sati ka than or gurdwara ;

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(5) prescribed means prescribed by rules made under this Act ; and

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(6) ¹[road means a metalled road maintained by the Provincial Government or by a local authority or a route demarcated by the Provincial Government or a local authority with a view to constructing along it a metalled road.]

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1. Substituted by s. 2 of U.P.Act No. 6 of 1965.

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(1) The Provincial Government may, by notification in the official Gazette, declare any land within a distance of four hundred and forty yards from the centre line of any road to be a controlled area for the purposes of this Act.

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¹[Provided that in the case of a national highway the highway itself shall not be deemed to be a controlled area.]

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(2) Not less than three months before making a declaration under sub-section (1) the Provincial Government shall cause to be published in the official Gazette and in at least two newspapers printed in a language other than English a notification stating that they propose to make such a declaration and specifying therein the boundaries of the land in respect of which the declaration is proposed to be made, and copies of every such notification or of the substance thereof shall be published by the Collector in such manner as he thinks fit at his office and at such other places as he considers necessary within the said boundaries.

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(3) Any person interested in any land included within the said boundaries may, at any time before the expiration of thirty days from the last date on which a copy of such notification in published by the Collector, object to the making of the declaration or to the inclusion of his land or any part of it within the said boundaries.

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(4) Every objection under Sub-section (3) shall be made to the Collector, in writing, and the Collector shall give to every person so objecting an opportunity of being heard either in person or through a legal practitioner, and shall, after all such objections have been heard and after such further enquiry, if any, as he thinks necessary, forward to the Provincial Government the record of the, proceedings held by him together with a report setting forth his recommendations on the objections.

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(5) If before the expiration of the time allowed by sub-section (3) for the filing of objections no objection has been made, the Provincial Government may proceed at once to the making of a declaration under sub-section (1). If any such objections have been made, the Provincial Government shall consider the record and the report referred to in subsection (4) and may either -

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(a) abandon the proposal to make a declaration under sub- section (1), or

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(b) make such a declaration in respect of either the whole or a part of the land included within the boundaries specified in the notification under sub-section (2).

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(6) For the purposes of sub-section (3) a person shall be deemed to be interested in land if he is a person interested as defined in clause (b) of section 3 of the Land Acquisition Act, 1894, for the purposes of that Act or, where land is land occupied by or for the purposes of a place of worship, tomb, cenotaph, graveyard, grave or marghat, if he is a member of the faith to which such building pertains.

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(7) ²[A notification published in the Official Gazette purporting to be made under sub-section (1) shall be conclusive proof that the declaration contained in such notification has been duly made in accordance with provisions of this Act, and unless and until such declaration is withindrawn, that the area to which it relates is a controlled area.]

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(8) [Any notification issued or declaration made under this section with reference to a road which subsequently becomes a national highway under the National Highways Act, 1956, shall, notwithstanding the road so becoming a national highway, continue to be valid and to be in force.]³

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1. Inserted by s. 3 of U.P.Act No. 6 of 1965.
2. Substituted by s. 2 of U.P.Act No. 22 of 1975.
3. Inserted by s. 3 of U.P.Act No. 6 of 1965

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(1) The Collector shall deposit at his office and at such other places as he considers necessary, plans showing all lands declared to be controlled areas for the purposes of this Act, and setting forth the nature of the restrictions applicable to the land in any such controlled area.

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(2) The plans so deposited shall be available to the public for inspection free of charge at all reasonable times.

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[Notwithstanding anything contained in any other law for the time being inforce, -

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(a) no person shall erect or re-erect any building, or make or extend any excavation in a controlled area ; and

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(b) no person shall except with the previous permission of the Collector in writing, lay out any means of access to a road in controlled area.]¹

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1. Substituted by s. 2 of U.P.Act No. 15 of 2000.

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(1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the Collector in such form and containing such information in respect of the 1 [*****]¹ means of access to which the application relates as may be prescribed.

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(2) On receipt of such application, the Collector after making such enquiry, as he considers necessary, shall, by order in writing, either-

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(a) grant the permission, subject to such conditions if any, as may be specified in the order ; or

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(b) refuse to grant such permission.

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(3) When the Collector grants permission subject to conditions under Clause (a) of Sub-section (2) or refuses to grant permission under Clause (b) of sub-section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case.

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(4) [*******]²

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(5) [*******]³

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(6) If at the expiration of a period of three months after an application under sub-section (1) has been made to the Collector [the applicant may give a notice in writing to the Collector and if no order is passed within thirty days from the date of receipt of such notice]⁴ permission shall be deemed to have been given without the imposition of any conditions.

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(7) The Collector shall maintain a register with sufficient particulars of all permissions given by him under this section and the register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom.

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1. Omitted by s. 3 of U.P.Act No. 15 of 2000.
2 Omitted by s. 3 of U.P.Act No. 15 of 2000.
3 Omitted by s. 3 of U.P.Act No. 15 of 2000.
4 Inserted by s. 3 of U.P. Act No. 15 of 2000.

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(1) Any person aggrieved by an order of the Collector under subsection(2) of section 6 granting permission subject to conditions or refusing permission may within thirty days from the date of such order prefer an appeal to the Provincial Government.

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(2) The order of the Provincial Government on appeal shall be final.

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[(1) Except as provided in sub-section (2), no person shall be entitled to claim compensation under this or any other Act, for any injury, damage or loss caused or alleged to have been caused,-

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(a) as a result of the restriction imposed by clause (a) of section 5,or

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(b) by an order refusing permission to lay out a mean access to a road or granting such permission but imposing conditions on the grant.

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(2) Any person may make to the State Government a claim for compensation on the ground that his interest in any land is injuriously affected,-

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(a) in a case referred to in clause (a) of sub-section (1), within one year from the date of declaration of the controlled area;

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(b) in a case referred to in clause (b) of sub-section (1) within three months from the date of the order of the State Government under section 7 where an order refusing permission to lay out any means of aceess to a road has been made and the right appeal under section 7 has been exercised.]¹

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(3) On receipt of a claim under sub-section (2) the Provincial Government shall either proceed to acquire the land concerned under the Land Acquisition Act, 1894, or transfer the claim for disposal to an officer exercising the powers of a Collector under the said Act :

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Provided that in case the Provincial Government decide to acquire the land, (i) it shall not be necessary for land occupied by a place of workship, tomb, cenotaph, graveyard, grave or marghat to be included, and (ii) the claimant shall be entitled to be repaid by the acquiring authority the amount of expense which he may have properly incurred in connexion with the preparation and submission of his claim for compensation under this section, and in default of agreement such a amount shall be determined by the authority deciding the value of the land in the proceedings under the Land Acquisition Act, 1894.

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(4) Nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement.

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1. Substituted by s. 4 of U.P.Act No. 15 of 2000

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If the Provincial Government decide to acquire the land under the Land Acquisition Act, 1894, then, notwithstanding anything contained in that Act,-

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(i) proceeding under Section 5-A of that Act shall not be required;

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(ii) the notification under Section 6 of that act shall be published within six months from the date of institution of the claim, failing which the claim shall be transferred for disposal to an officer exercising the powers of a Collector under that Act ;

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(iii) the market value of the land shall be assessed in accordance with the provisions of the Land Acquisition act, 1894, which shall, for the purposes of this act, be deemed to be modified as indicated in the Schedule annexed to this Act.

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(1) When a claim is transferred for disposal under section 8 or section 9 to an officer exercising the powers of a Collector under the Land Acquisition act, 1894, such officer shall make an award determining the amount of compensation, if any, payable to the claimant.

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(2) The amount of compensation awarded under sub-section (1) shall in no case exceed -

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(a) the amount that would have been payable if the land had been acquired under section 9, or

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(b) the difference between the market value of the land in the existing condition having regard to the restrictions actually imposed upon its use and development by the order refusing permission to [lay out any means of access to a road in respect of the land, or the restriction imposed under clause (a) of section 5]¹ and its market value immediately before the publication under sub-section (2) of section 3 of the notification in pursuance of which the area [concerned]² was declared to be a controlled area, and no compensation shall be awarded under sub-section (1) -

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(i) unless the claimant satisfied the officer making the award that [his interest in the land concerned is]³ injuriously affected by the restriction imposed under this Act, or

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(ii) if and insofar as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under this Act, or

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(iii) if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.

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(3) The provisions of Part III, as modified by section 9, clause (iii) and the schedule annexed to this Act, and Parts IV, V and VIII of the Land Acquisition Act, 1894, shall so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act.

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1. Substituted by s. 5 of U.P.Act No. 15 of 2000.
2 Substituted by s. 5 of U.P.Act No. 15 of 2000.
3 Substituted by s. 5 of U.P.Act No. 15 of 2000.

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(1) Notwithstanding anything contained in any other law for the time being in force, no land within a controlled area shall be used for the purposes of a charcoal-kiln, pottery-kiln or lime-kiln and no land within a controlled area shall be used for the purposes of brick-field or brick-kiln except under, and in accordance, with the conditions of, a licence from the Collector which shall be renewable annually.

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(2) The Provincial Government may charge such fees for the grant and renewal of such licenses and may impose such conditions in respect thereof as may be prescribed.

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(3) No person shall be entitled to claim compensation under this or any other Act for any injury, damage or loss caused or alleged to have been caused by the refusal of a licence under sub-section (1).

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(1) Any person who-

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(a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 5 or in contravention of any conditions imposed by an order under section 6 or section 7, or

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(b) uses any land in contravention of the provisions of sub-section (1) of section 12, shall be punishable with fine 1 [which, on first conviction, may extend]¹ to five hundred rupees and, in the case of a continuing contravention, with a further fine which may extend to [five hundred rupees for every day subject to a maximum of fifty thousand rupees]² after the date of the first convection during which he is proved to have persisted in the contravention.

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(2) Without prejudice to the provisions of sub-section (1), the Collector may order any person who has committed a breach of the provisions of the said sub-section to restore to its original state or to bring into conformity with the conditions which have been violated, as the case may be, any building or land in respect of which a contravention such as is described in the said sub-section has been committed, and if such person fails to do so within three months of the order, may himself take such measures as may appear to him to be necessary to give effect to the order, and the cost of such measures shall be recoverable from such person as arrear of land revenue.

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1. Subsitituted by s. 6 of U.P.Act No. 15 of 2000.
2.Subsitituted by s. 6 of U.P.Act No. 15 of 2000.

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Nothing in this Act shall apply to-

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(a) the erection or re-erection of buildings upon land included in the inhabited site of any village as entered and demarcated in the revenue records or upon sites in a municipal, notified, or town area that are already built up on the date of the issue of the notification under sub-section (2) of section 3 of this Act;

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(b) the erection or re-erection of a place of worship or a tomb, cenotaph, grave, graveyard, or marghat or of a wall enclosing a place of worship, tomb, cenotaph, grave, graveyard, or marghat on land which is, at the time a notification under sub-section (2) of Section 3 is published by the Provincial Government, occupied by or for the purposes of such place of worship, tomb, cenotaph, grave, graveyard, or marghat;

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(c) excavations (including wells) made in the ordinary course of agricultural operations;

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(d) the construction of an unmetalled road intended to give access to land solely for agricultural purposes.

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(1) The Provincial Government may make rules to carry out the purposes of this Act.

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(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matter, namely:

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(a) the form in which applications under sub-section (1) of section 6 shall be made and the information to be furnished in such applications;

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(b) principles according to which applications under subsection (1) of section 6 shall normally be allowed or disallowed by the Collector;

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(c) the regulation of the laying out of means of access to roads;

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(d) the fees to be charged for the grant and renewal of licences under Section 12 and the conditions governing such licences.

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(3) All rules made under this section shall be subject to the condition of previous publication in the official Gazette and the date to be specified under Clause(3) of Section 23 of the United Provinces General Clauses Act, 1904, shall not be less than two months from the date on which the draft of the proposed rules was published.

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