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State of Uttar Pradesh - Section

Section 350 in Uttar Pradesh Municipal Corporation Act, 1959

350. Nagar Prasar Yojana (City Expansion Scheme).

(1)Whenever the Development Committee is of opinion that it is expedite and for the public advantage to control and provide for the future expansion of the City, [it may by resolution require] [Substituted by U.P. Act 24 of 1972.] the Municipal Commissioner to frame a scheme to be called "Nagar Prasar Yojana" the (City Expansion Scheme).[(1-A) The said resolution shall specify the time-limit for the execution of the schemes, which may be extended by the Development Committee by resolution from time to time:Provided that in the case of a scheme notified before the commencement of the Uttar Pradesh Nagar Mahapalika (Amendment) Act, 1972, such time-limit, if not already specified shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act:Provided further that such time-limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under Section 360.] [Inserted by U.P. Act 24 of 1972.]
(2)Such scheme shall show the method in which it is proposed to lay out the area to be developed and the purposes for which particular areas are to be utilized.
(3)For the purposes of a Nagar Prasar Yojana (City Expansion Scheme) the provisions of clause (a) of sub-section (2) of Section 360 shall not be applicable but the Corporation shall be required to supply such details as the State Government may consider necessary.
(4)[At any time after such scheme has been notified under Section 363, but within the time-limit for its execution,] [Substituted by U.P. Act 24 of 1972.] if any person desires to erect, re-erect, add to or alter any building or wall within the area comprised in the said scheme, he shall apply to the Corporation for permission to do so.
(5)If the Corporation refuses to grant permission to any person to erect, re- erect, add to or alter any building or wall on his land in the area aforesaid, and if it does not proceed to acquire such land within one year from the date of such refusal, it shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal.Scope. - This section deals with a direction to frame a scheme and not with the formation of the same, which is done under Section 351 and other subsequent provisions. Mahabir Singh v. Lucknow Municipality, 1978 ALJ 230 (DB).