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1980 Supreme(Del) 106

B.N.KIRPAL, V.S.DESHPANDE
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
RAM KUMAR BHARDWAJ – Respondent


Advocates Appeared:
C.L.CHAUDHRY, D.D.Chawla, M.K.CHAWLA, P.R.Monga

V. S. DESHPANDE, C. J. , (Oral)

( 1 ) THE respondents are registered as architects under the Architects Act, 1972 and practice assuch in the Union Territory of Delhi. They filed two writ petitionschallenging the power of the Delhi Municipal Corporation to imposerestrictions on their right to practise as architects. The restrictionsand the basis on which the restriction was imposed may be describedas below. Section 2 (25) of the Delhi Municipal Corporation Act, 1957d (the Act) is as below :

"licensed architect", licensed draughtsman licensed engineer . licensed plumber , licensed surveyor and licensed townplanner mean respectively a person licensed under theprovisions of this Act as an architect, draughtsman,engineer, plumber, surveyor and town planner". Since the definition of section 2 (25) contemplates that a licensedarchitect or a licensed draughtsman is to be a person who is licensedunder the provisions of the Act as an architect or a draughtsman, it isnecessary to know the provisions which empower the Corporationto licence an architect or a draughtsman under the Act. Section430 (1) of the Act states that whenever it is provided in this Act orany bye-law made thereunder that











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