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CHAPTER-VIII SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

Section 35: Power of Authority to levy betterment charges

The Uttar Pradesh Urban Planning and Development Act, 1973

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 1 of 2025.

The Act was made as President's Act No. 11 of 1973; this copy shows the enacting words substituted by U.P. Act No. 30 of 1974, and the Reasons for the Enactment printed after section 60 are not reproduced.

The marginal headings printed beside each section in this edition are shown as the section headings; section 60 carries no marginal heading in this copy.

(1) Where, in the opinion of the Authority, as a consequence of any development scheme having been executed by the Authority in any develop ment area, the value of any property in that area which has been benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:

Provided that no betterment charge shall be levied in respect of lands owned by Government :

Provided further that where any land belonging to Government has been granted by way of lease or licence by Government to any person, then that land and any building situate thereon shall be subject to a betterment charge under this section.

(2) Such betterment charge shall be an amount–

(i) in respect of any property situate in the township or colony, if any, developed or in other area developed or redeveloped, equal to one- third of the amount; and

(ii) in respect of property situated outside such township, colony or other area, as aforesaid, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of buildings, exceeds the value of the property prior to such execution, estimated in like manner.

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