M. S. A. Siddiqui, J.

( 1 ) THE petitioner is an owner of Grindlay Cinema, New Friends Colony, New Delhi. The petitioner applied to the respondent for sanction of certain additions or alterations in the said building. On 8. 4. 1996, the petitioner was informed that the building plan approved by the respondent was lying ready and the same would be released only on furnishing certain documents including a No Objection Certificate from the House-Tax Department. Thereafter, petitioner submitted all the documents except the N. O. C. from the House Tax Department as demanded by the respondent. Inasmuch as the sanction of the building plan was not released, the petitioner has filed this writ petition under Article 226 of the Constitution of India after making several representations.

( 2 ) IT is contended on behalf of the respondent that since petitioner failed to submit the No Objection Certificate from the House Tax Department, sanction of the building plan was withheld in accordance with the executive instructions contained in the office orders dated 2. 7. 1993 and 20. 10. 1993 (Annexure R-1 ). 3. The office orders dated 2. 7. 1993 and 20. 10. 1993 were issued by the Engineer- in-Chief of the Municipal Corporation of Delhi. The point that arises for decision in this case is whether the Engineer-in-Chief was competent to issue the said office orders imposing ban on grant of sanction under Section 336 of the Delhi Municipal Corporation Act (for short the Act) without obtaining N. O. C. from the House Tax Department. A consideration of this question calls for an examination of certain revisions of the Act and the bye-laws made thereunder. Sections 333 and 334 of the Act provide that any person who intends to erect, re-erect or make alterations in any place in a building or demolish any building shall give notice in writing to the Commissioner of his said intention in the prescribed form and such notice shall be accompanied by such documents and plans as may be so prescribed. Section 336 empowers the Commissioner to accord or refuse sanction on the grounds enumerated therein. Section 336 is as follows :

"sanction or refusal of building or work.- (1) The Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of Sub-section (2) of this section or the provisions of Section 340. (2) The grounds on which the sanction of a building or work may be refused shall be the following, namely : (a) that the building or work or the use of the site for the building or work of any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law; (b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf; (e) that any information or documents required by the Commissioner under this Act or any bye-law made thereunder has or have not been duly furnished; (d) that in case falling under Section 312, layout plans have not been sanctioned in accordance with Section 313. (e) that the building or work would be an encroachment on Government land or land vested in the Corporation; (f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site. (3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he specified in Sub-section (2) or under Section 340 he shall record a brief statement of his reasons for such refusal and communicate the refusal along with the reasons therefor to the person who has given the notice. (4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws

Click Here to Read the rest of this document