( 1 ) A Division Bench by order dated 19 December 2000 referred three questions before this court, having regard to the fact that interpretation of various provisions of Delhi Municipal Corporation Act are involved, observed as under:

"it was easy for us to follow suit by embarking on a factual enquiry on the nature of disputed construction but that would still leave some questions unanswered and the controversy raging. We would have also attempted to examine these questions on our own but considering their wider ramifications and general public importance involving interpretation of various provisions of DMCA and other related enactments we deem it appropriate to refer these to a larger Bench for authoritative pronouncement. In our view following questions warranting reference to a larger Bench arise : - (1) what is the area of operation of sections 312 and 313 of DMCA and do these exclude building complex which may otherwise need access and amenities from within. What could be a definite uniform standard for their application? (2) whether these sections would apply to village abadi (Firni) which stands exempted from operation of building regulations under Sections 332 to 336 and 342, 347 vide Notification dated 24. 8. 63 or whether their operation was excluded by implication? (3) whether sanctioned lay out plan would be required also in respect of a proposed construction on plots carved out and sub-divided under consolidation scheme in terms of East Punjab Consolidation Act, 1984 and whether any conflicting provisions of this Act or that of Delhi agrarian Reforms Act were subject to Provisions of DMC act?

( 2 ) THE matter is accordingly placed before Lord Chief justice for constitution of a larger Bench. Meanwhile R 1 -2 shall be at liberty to proceed and obtain verdict in their appeal from the concerned Appellate Authority.

( 3 ) IT may not be necessary to slate the fact of the matter in great details. Suffice it to say that- respondent is co-owner of land measuring 5060 Sq. metres comprising Khasra No. 253/2 min. , 563 and 564 in village abadi (Firni) of Bijwasan, tehsil Mehrauli, New Delhi. Consolidation proceedings were initiated in this village vide Consolidation Scheme 218 dated 2,5. 1975 under East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 along with Dehi Land reforms Act resulting in land being declared within village abadi (Firni) and making it entitled to the benefit of Notification dated 24. 8. 1963 exempting it from building regulations contained in Sections 332 to 336, 342 and 347 of Delhi Municipal corporation Act, 1957 (DMCA ). Respondents 1-2 proposed to construct a building complex on the said land upon entering into agreement with other co-owners and obtained Gaon Sabha permission for the same as also that of GOI under Section 22 of mrtp Act. But Appellant resisted this on the plea that Respondent s land was not covered by exemption Notification dated 24. 8. 63. The dispute went upto the Supreme court and was decided in favour of Respondent lending finality to the issue that the disputed land fell within extended village abadi (Firni) rendering it eligible for exemption from Building Regulations in terms of Notification dated 24,3. 1968. While all this was going on appellant opened up a second front against respondent and issued him a show cause notice on 5. 2. 87 under Sections 312 and 313 of DMC Act and directed him to stop construction forthwith. Respondents 1 and 2 filed CWP 922/87 to challenge this which was disposed of vide order dated 24. 7. 87 with liberty to these respondents to carry on construction at their own risk and cost and allowing them to submit lay out plans to appellant without prejudice to their contentions regarding applicability of Section 312 and 313 of the Act. Respondents 1-2 submitted lay out plans pursuant thereto and also submitted their representation before appellant which was rejected by order dated 28. 1. 1988 holding that the provisi