THE UTTAR PRADESH ROADSIDE LAND CONTROL (AMENDMENT) ACT,
1999[1] [Act No. 15 of 2000] An Act further to amend the United Provinces Roadside Land
Control Act, 1945 It is hereby enacted in the Fiftieth Year of the Republic
of India as follows:-- (1) This Act may be called the Uttar
Pradesh Roadside Land Control (Amendment) Act, 1999. (2) It shall come into force on such date
as the State Government may, by notification, appoint in this behalf. For Section 5 of the United Provinces Roadside Land Control
Act, 1945, hereinafter referred to as the principal Act, the following section
shall be substituted, namely :-- "5. Restriction on building etc. in a controlled
area.--Notwithstanding anything contained in any other law for the time being
in force,-- (a) no person shall erect or re-erect any
building or make or extend any excavation in a controlled area; and (b) no person shall except with the
previous permission of the Collector in writing, lay out any means of access to
a road in a controlled area.". In Section 6 of the principal Act,-- (a) in sub-section (1) the words
"building, excavation, or" shall be omitted; (b) sub-sections (4) and (5) shall be
omitted; (c) in sub-section (6) after the words
"no order in writing has been passed by the Collector" the words
"the applicant may give a notice in writing to the Collector and if no
order is passed within thirty days from the date of receipts of such
notice" shall be inserted. In Section 8 of the principal Act, for sub-sections (1) and
(2), the following sub-sections shall be substituted, namely :-- "(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,-- (a) as a result of the restriction imposed
by clause (a) of Section 5, or (b) by an order refusing permission to lay
out a means of access to a road or granting such permission but imposing
conditions on the grant. (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,-- (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; (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 access to a road has been made and the right of appeal under Section 7
has been exercised.". In Section 10 of the principal Act, in sub-section (2),-- (a) in clause (b), for the words
"erect or re-errect a building thereon" the words "lay out any
means of access to a road in respect of the land, or the restriction imposed
under clause (a) of Section 5" shall be substituted; and for the words
"in which it is situated" the word "concerned" shall be
substituted. (b) in clause (i), for the words
"proposals for the development of the land which at the date of the
application under sub-section (1) of Section 6 are immediately practicable, or
would have been so, if this Act had not been passed are prevented or", the
words "his interest in the land concerned is" shall be substituted. In Section 13 of the principal Act, in sub-section (1), in
clause (b),-- (a) for the words "which may
extend" the words "which, on first conviction, may extend" shall
be substituted; (b) for the words "fifty rupees for
every day" the words "five hundred rupees for every day subect to a
maximum of fifty thousand rupees" shall be substituted. In the Schedule to the principal Act, for clause (c) of
sub-section (3) of Section 23 of the Land Acquisition Act, 1894 sought to be
modified by sub-paragraph (2) of Paragraph 3 of the Schedule the following
clause shall be substituted, namely:-- "(c) any increase in the market value resulting
from any erection, re-erection, addition or alteration in contravention of the
provisions of Section 5 of the United Provinces Roadside Land Control Act, 1945
shall be disregarded;". (1) Any application made under Section 6
of the principal Act and any appeal preferred under Section 7 of the principal
Act, as those sections stood immediately before the commencement of this Act,
and pending on the date of such commencement shall be heard and decided as if
this Act had never been enacted. (2) Any permission under Section 6 or
Section 7 of the principal Act as those section stood immediately before the
commencement of this Act, granted before such commencement, and any permission
granted and accordance with this provisions of subsection (1), shall be valid
and effective as if this Act had never been enacted. [1] Received the assent of the Governor on April 25, 2000 and
published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 29th April,
2000, pp. 3-5THE UTTAR PRADESH ROADSIDE LAND CONTROL
(AMENDMENT) ACT, 1999
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