Section 18 in U.P. Urban Planning and Development Act, 1973
18. Disposal of land by the Authority or the local Authority concerned.
(1)Subject to any directions given by the State Government in this behalf, the Authority or, as the case may be, the local Authority concerned may dispose of-(a)any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or(b)any such land after undertaking or carrying out such development as it thinks fit.to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of the development area according to plan.(2)Nothing in this Act shall be construed as enabling the Authority or the local Authority concerned to dispose of land by way of gift, [***] [Omitted by sub-section-5 of amendment act-1976 (Act No.-19 of 1976) Effective from 03.10.1975] but subject thereto, references in this Act, to the disposal of land shall be construed as references to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement, right or privilege or otherwise.(3)[ Notwithstanding, anything contained in Sub-section (2), the Authority or the local Authority concerned may create a mortgage or charge over such land (including any building thereon) in favour of the Life Insurance Corporation of India. the Housing and Urban Development Corporation, or a banking company as defined in the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 or any other financial institution approved by general or special order in this behalf by the State Government.] [Inserted by section-5(ii) of amendment act-1976 (Act No.-19 of 1976) effective from 03.10.1975](4)[ Where vacant land has been disposed of under this section by way of lease for making constructions within the time with right of forfeiture of the lease and re-entry upon failure to make constructions within such time, and the lessee fails without sufficient reason, to make the constructions or a substantial portion thereof, within the stipulated time or such extended time as the lessor may grant, the [lessor may subject to the provisions of Subsection (4-A) forfeit] the lease and re-enter upon the land:Provided that no forfeiture and re-entry shall be made unless the lessee has been allowed reasonable opportunity to show cause against the proposed action.] [Inserted by section-5 of amendment act -1985 (Act No.-21 of 1985) effective from 2.10.1984][(4-A) Where a lessee fails to make construction within the stipulated time, and the extended time, if any, under Sub-section (4) so that the total period from the date of lease exceeds five years, a charge at the rate of two per cent of the prevailing market value of the concerned land shall be realised every year from him by the lessor and if from the date of imposition of the said charge a further period of five years elapses the lease shall stand forfeited and the lessor shall re-enter upon the land:)Provided that where the period of five years has expired before the commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997, or where the period of five years expires within one year after such commencement, the charge shall be realizable after a period of one year from the date of such commencement.] [substituted/Inserted by section-5 of amendment act-1997 (Act No.-3 of 1997) dated 02.05.1997](5)Upon such forfeiture and re-entry, the premium paid by the lessee for such land shall be refunded without any interest, after deducting-(a)the amount, if any, due to the lessor under that lease, and(b)a sum equivalent to 5 per cent of the premium, for administrative expenses.(6)Any person aggrieved by an order under Sub-section (4) may, within 30 days from the date of knowledge thereof, prefer an appeal to the District Judge whose decision shall be final.(7)The land so re-entered upon after forfeiture of lease may be disposed of in accordance with the provisions of Sub-sections (1) and (2).
