Section 23 in THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
23. Bhavi Sarak Yojna. - (1) Whenever the Board is of opinion that it is necessary to provide for the future widening of any street by altering the existing alignments of such street but that it is not necessary immediately to acquire all or any of the properties lying within the proposed improved alignments, the Board may frame a Bhavi Sarak Yojna (deferred street scheme), defining the alignment on each side of the street, and specify the time-limit for the execution of such scheme, which may be extended by the Board from time to time :
Provided that such time-limit including extensions, if any, made by the Board shall in no case exceed twenty years from the date of coming into force of the scheme.(2)Such scheme shall provide for the following matters, namely -(a)the acquisition of the whole or any part of any property lying within the defined alignment of the street within the time-limit for the execution of the scheme ;(b)the relaying out of all any of such properties, including the construction and reconstruction of buildings by the Board or by any other person, and the formation and alignment of the street; and(c)the drainage, water-supply and lighting of the streets so formed or altered.(3)After such scheme has come into force -(a)no person shall, within the time-limit for the execution of the scheme, erect, re-erect, add to or alter any building so as to make it project into the defined alignments of the street except with the previous written permission of the Board ;(b)if the Board fails to acquire or to institute, proceedings for the acquisition of any property situate within the defined alignments of the street, the owner of such property may at any time, within the time-limit for the execution of the scheme, or within three years thereafter, give the Board notice requiring it to acquire or to institute proceeding for the acquisition of such property before the expiration of six months from the date of such notice, and hereupon the Board shall acquire by agreement, or institute such proceedings by notice under clause (c) and acquire, the property accordingly; and if the Board fails to do so, it shall pay such compensation as may be determined in accordance with the provisions of this Act and the rules;(c)the Board shall, before proceeding to acquire any property lying within the defined alignments of the street, give (i) in respect of any property regarding which it has received a notice under clause (b), fifteen days' notice; and (ii) in respect of other property, six months' notice to the owner of its intention to acquire such property;(d)not-withstanding anything contained in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No. II of 1959), the U.P. Municipalities Act, 1916 (U.P. Act No. II of 1916), the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 (U.P. Act No. XXXIII of 1961), or any other enactment constituting a local authority in an area in which a scheme under this section has been notified such local authority shall not have power to define or prescribe any alignment of the street within the area comprised in the scheme and any such alignment previously defined or prescribed within such limits shall cease to be operative.
