D.K.JAIN, H.R.MALHOTRA, A.K.SIKRI
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
DALMIA INDUSTRIES P. LIMITED – Respondent
( 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 t
REFERRED TO : Chet Ram Vashist V. Municipal Corporation of Delhi and Anr.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.