Uttar Pradesh Amends Urban Planning Act to Allow State-Appointed or Authorised Vice-Chairmen

The Uttar Pradesh Urban Planning and Development (Amendment) Act, 2025 (U.P. Act no. 1 of 2025), an amendment to the Uttar Pradesh Urban Planning and Development Act, 1973, received the Governor's assent on March 17, 2025, following its passage by the Uttar Pradesh Legislature. This legislative instrument was published in pursuance of clause (3) of Article 348 of the Constitution of India. The Act is deemed to have come into force retrospectively from February 5, 2025. Its primary purpose is to modify the provisions concerning the appointment of Vice-Chairmen in Development Authorities across the state. Specifically, the Act amends Section 4 of the principal 1973 Act. It substitutes clause (b) of sub-section (3) to allow for a Vice-Chairman to be appointed or authorised by the State Government, thereby introducing flexibility in these appointments. Concurrently, sub-section (4) of Section 4 has been omitted. This Act also formally repeals the Uttar Pradesh Urban Planning and Development (Amendment) Ordinance, 2025 (U.P. Ordinance No. 1 of 2025), which had been promulgated earlier to address the same issue. Any actions taken under the provisions of the principal Act as amended by the repealed Ordinance are deemed to have been validly taken under the corresponding provisions of this new Act.

The legislative intent behind this amendment was to address practical challenges and potential legal ambiguities surrounding the appointment of Vice-Chairmen in various Development Authorities. The original Uttar Pradesh Urban Planning and Development Act, 1973, which provides for the planned development of specific areas within Uttar Pradesh, stipulated that the Vice-Chairman of an Authority should be a full-time appointee. However, due to considerations of area, workload, and limited resources, the State Government frequently assigned the additional charge of Vice-Chairman to District Magistrates of the concerned districts, rather than making full-time appointments. This practice led to observations by the Hon'ble High Court, particularly in the context of the Mirzapur-Vindhyachal Development Authority, regarding the statutory validity of District Magistrates holding such additional charge under the existing provisions of the Act. The concern was that such arrangements could lead to litigation in courts where full-time Vice-Chairmen had not been appointed. To mitigate this risk and ensure the optimal use of resources while maintaining the efficiency of work, it was deemed necessary to amend the Act. The legislation provided: “For clause (b) of sub-section (3), the following clause shall be substituted, namely : a Vice-Chairman to be appointed or authorised by the State Government.” This change explicitly legalises the appointment of an officer, including those holding additional charge, if they are appointed or authorised by the State Government for the role of Vice-Chairman of a Development Authority (a body responsible for urban planning and infrastructure development). The urgency of this matter, coupled with the State Legislature not being in session, necessitated the promulgation of an Ordinance on February 5, 2025, which this Act now replaces.

Keywords: Uttar Pradesh, Urban Planning, Development Authority, Amendment Act, Vice-Chairman, State Government, Ordinance, Legislative Geo Tags: India, Uttar Pradesh District: Not Applicable