DELHI DEVELOPMENT ACT, 1957
(1) This Act may be called the Delhi Development Act, 1957.
(2) It extends to the whole of the Union territory of Delhi
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint
(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;
(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;
(d) "development" with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in, or, over or under land
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act an authority to be called the Delhi Development Authority (hereinafter referred to as the Authority)
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(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:
(a) a Chairman who shall be the Administrator of the Union territory of Delhi, ex officio;
(b) a Vice-chairman to be appoi
(1) The Central Government may appoint two suitable persons respectively as the secretary and the chief accounts officer of the Authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority or the Chairman.
(2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions
(3) The Secretary, Chief Accounts Officer and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(1) The Authority shall, as soon as may be, constitute an advisory council for the purpose of advising the Authority on the preparation of the master plan and 4[on such other matters relating to the planning of development, or] arising out of, or in connection with, the administration of this Act as may be referred to it by the Authority.
(2) The advisory council shall consist of the following members, namely:
(a) the chairman of the Authority, ex-officio, who shall be the president;
(b) two persons with knowledge of town planning or architecture to be nominated by the Central Government;
(c) one representative of the Health Services of Delhi administration to be nominated by the Central Government;
(d)
(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or purposes as it may think fit.
(2) A committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.
(3) The members of a committee (other than the members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.]
The objects of the Authority shall be to promote and secure the development of Delhi according to plan and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:
Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
(1)The Authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, Delhi.
(2) The master plan shall
(a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared.
[(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.]
(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may be divided.
(2) A zonal development plan may
(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land-uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;
(b) specify the standards of population density and building density;
(c) show every area in the zone which may, in t
(1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone.
(2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.
(1) Before preparing any plan finally and submitting it to the Central Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.
(2) The Authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the Central Government for i
Immediately after a plan has been approved by the Central Government, the Authority shall publish in such manner as may be prescribed by regulations a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation.
(1) The Authority may make any modifications to the master plan or the zonal development plan as it thinks fit, being modifications which, in its opinion, do not affect important alterations in the character of the plan and which do not relate to the extent of land-users or the standards of population density.
(2) The Central Government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in sub-section (1) or otherwise.
(3) Before making any modifications to the plan, the Authority or, as the case may be, the Central Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the
(1) As soon as may be after the commencement of this Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act:
Provided that no such declaration shall be made unless a proposal for such declaration has been referred by the Central Government to the Authority and the Municipal Corporation of Delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the Central Government may allow and the period so specified or allowed has expired.]
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(3) After the commencement of
(1) Every person or body (including a department of Government) desiring to obtain the permission referred to in section 12 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules: Provided that no such fee shall be necessary in the case of an application made by a department of the Government.
(3) On the receipt of an application for permission under sub-section (7), the Authority after making such inquiry as it considers necessry in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter, shall, by order in writing, either grant the
After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:
Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by regulations made in this behalf any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.
(1) If in the opinion of the Central Government, any land is required for the purpose of development, or for any other purpose, under this Act, the Central Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).
(2) Where any land has been acquired by the Central Government, that Government may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition.]
Rep. by the Delhi Development (Amendment) Act, 1963 (56 of 1963), s. 10 (retrospectively).
Repeal
Repeal
Repeal
Repeal
(1) Subject to any directions given by the Central Government under this Act, the Authority or, as the case may be, the local authority concerned may dispose of
(a) any land acquired by the Central Government and transferred to it, without undertaking or carrying out any development thereon; or
(b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of Delhi according to plan.
(2) The powers of the Authority or, as the case may be, the local authority concerned with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other
(1) The Central Government may, by notification in the Official Gazette and upon such terms and conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority all or any developed and undeveloped lands in Delhi vested in the Union (known and hereinafter referred to as "nazul lands") for the purpose of development in accordance with the provisions of this Act.
(2) No development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1).
(3) After any such nazul land has been developed by, or under the control and supervision of, the Authority, it shall be dealt with by the Authority in accordance with rules made anddirections given by the Cen
Notwithstanding anything contained in sub-section (2) of section 12, the Authority may, if it is of opinion that it is expedient to do so, undertake or carry out any development of any land which has been transferred to it or placed at its disposal under section 15 or section 22 even if such land is situated in any area which is not a development area.]
(1) The Authority shall have and maintain its own fund to which shall be credited
(a) all moneys received by the Authority from the Central Government by way of grants, loans, advances or otherwise;
[(aa) all moneys borrowed by the Authority from sources other than the Central Government by way of loans or debentures;]
(b) all fees and charges received by the Authority under this Act;
(c) all moneys received by the Authority from the disposal of lands, buildings and other properties, movable and immovable; and
(d) all moneys received by the Authority by way of rents and profits or in any ate manner or frome any other source.
(2) The fund shall be applied towar
The Authority shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the Central Government, such number of copies thereof as may be prescribed by rules.
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the Central Government may by rules prescribe in consultation with the Comptroller and Auditor-General of India
(2) The accounts of the Authority shall be subject to audit annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection with such audit as the Comptroller and AuditorGeneral of India has in connection with the audit of the
The Authority shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed by rules, and the Government shall cause a copy of the report to be laid before both Houses of Parliament
(1) The Authority shall constitute for the benefit of its whole-time paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed by rules, such pension and provident funds as it may think fit
(2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government Provident Fund
The Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purpose of
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention of the master plan or zonal development plan or without the permission referr
(1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, 1[shall be punishable,
(a) with rigorous imprisonment which may extend to three years, such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay-out plan; and
(b) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than those referred to in c
[(1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted,
(i) in relation to a development area, any officer of the Authority empowered by it in this behalf,
(ii) in relation to any other area within the local limits of a local authority, the competent authority therof, may, in addition to any prosecution that may be insituted under this Act, make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has be
(1) Where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted,
(i) in relation to a development area, the Authority or any officer of the Authority empowered by it in this behalf,
(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not
(1) It shall be lawful for the Authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of sufh development.
(2) Where any development has been sealed, the Authority or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development, order the seal to be removed.
(3) No person shall remove such seal except
(a) under an order made by the Authority or the competent authority under sub-section (2); or
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The Appellate Tribunal or Appellate Tribunals constituted under section 347A of the Delhi Municipal Corporation Act, 1957, (66 of 1957) shall be deemed to be the Appellate Tribunal or Appellate Tribunals for deciding appeals under section 31C, and the provisions of section 347A and section 347C of the Delhi Municipal Corporation Act, 1957, and the rules made thereunder, shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of that Act.
Section 31(B) of the Delhi Development Act, 1957, pertains to the establishment and functioning of the Appellate Tribunal to hear appeals against orders passed under the Act, particularly related to sealing, stopping development, or other enforcement actions by authorities like DDA. It provides a statutory appellate mechanism to ensure checks and balances in urban development and enforcement proceedings.
Section 31(B) mandates the constitution of an Appellate Tribunal to hear appeals against orders made by the authorities under Sections 31A (Power to seal unauthorized development) and other related provisions. It prescribes the procedure for filing appeals, grounds for appeal, and the powers of the Tribunal to modify, confirm, or set aside orders.
While Section 31(B) itself does not prescribe penalties, non-compliance with Tribunal orders can lead to contempt proceedings, penalties, or further enforcement actions under the relevant provisions of the Act. The Tribunal’s orders are binding, and failure to comply may attract penalties such as fines or imprisonment under other sections of the Act.
In summary, Section 31(B) of the Delhi Development Act, 1957, provides a vital statutory appellate mechanism to ensure that orders passed under the Act, particularly those relating to sealing and enforcement, are subject to judicial scrutiny. It balances the need for swift urban regulation with the safeguard of legal rights, ensuring that authorities act within their jurisdiction and follow due process.
Note: This commentary synthesizes legal principles, judicial interpretations, and the provisions of the Section 31(B) itself, referencing the relevant case law and statutory framework as per the available sources.
(1) Any person aggrieved by any of the following orders made under this Act, may prefer an appeal to the Appellate Tribunal, namely:
(a) an order of the Authority granting or refusing to grant permission for development under sub-section (3) of section 13;
(b) an order of the Authority or the local authority disposing of any land under section 21;
(c) an order of the Authority in the course of dealing with any nazul land developed by it under section 22;
(d) an order of an officer of the Authority or the competent authority made under sub-section (1) of section 30, for the removal of any development;
(e) an order of the Authority or an officer of the Authority, or the competent authority made under sub-s
(1) An appeal shall lie to the Administrator of the Union territory of Delhi against an order of the Appellate Tribunal, confirming, modifying or annulling an order of the Authority, officer of the Authority, local authority or competent authority, as the case may be, under this Act.
(2) The provisions of sub-sections (2) and (3) of section 31C and the provisions of section 347A of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under the said section 31C.
(3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under section 31C and subject to such orders of the Administrator or an
(1) After the commencement of section 6 of the Delhi Development (Amendment) Act. 1984 (38 of 1984), no court shall entertain any suit, application or other proceedings in respect of any order appealable under section 31C, and no such order shall be called in question otherwise than by preferring an appeal under that section.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of section 6 of the Delhi Development (Amendment) Act, 1984 (38 of 1984), in respect of any order, appealable under section 31C shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.]
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the p
All fines realised in connection with prosecutions under this Act shall be paid to the Authority or, as the case may be, the local authority concerned.
(1) Any offence made punishable by or under this Act may, either before or after the institution of proceedings, be compounded
(i) in the case of an offence referred to in sub-section (2) of section 49, by the Administrator of the Union territory of Delhi or any officer authorised by him in this behalf by general or special order; and
(ii) in any other case, by the Authority or, as the case may be, the local authority concerned or any person authorised by the Authority or such local authority by general or special order in this behalf.]
(2) Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under sub-section (7) of section 29 as if it were a cognizable offence,
(i) for the purposes of investigation of such offence; and
(ii) for the purposes of all matters other than
(1) matters referred to in section 42 of that Code, and
(2) arrest of a person except on the complaint of, or upon information received from:
(a) such officer of the Authority not below the rank of a Director as may be appointed by the Administrator of the Union territory of Delhi, if the offence is committed in relation to a development area;
(b) such officer of the Municipal Corporation of Delhi not below t
(1) If the Authority, after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in development area has not been provided in relation to that land which in the opinion of the Authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may, after affording a reasonable opportunity to show cause, serve upon the owner of the land or upon the person providing or responsible for providing the amenity a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.
(2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, then the Authority may itself pro
Where any area has been developed by the Authority, the Authority may require the local authority within those local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority; and where such terms and conditions can not be agreed upon, on terms and conditions settled by the Central Government in consultation with the local authority on a reference of the matter to that Government by the Authority.
(1) Where, in the opinion of the Authority, as a consequence of any development having been executed by the Authority in any development area, the value of any property in that area or in any area other than the development 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 within Delhi:
Provided further that where any land belonging to Government has been let out by Government to any person, then that land and any building situate thereon shall be subject to a betterment charge under th
(1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Authority proposes to assess the amount of the betterment charge in respect of the property under section 37.
(2) The Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a de
(1) For the determination of the matter referred to in sub-section (4) of section 38, the Central Government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land
(2) The arbitrators shall follow such procedure as may be prescribed by rules made in this behalf.
[(2A) The arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the of Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
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(1) The betterment charge levied under this Act shall be payable in such number of instalments and each instalment shall be payable at such time and in such manner as may be fixed by regulations made in this behalf.
(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue.
Any money due to the Authority on account of fees or charges, or from the disposal of lands, buildings or other properties, movable or immovable, or by way of rents and profits may, if the recovery thereof is not expressly provided for in any other provision of this Act, be recovered by the Authority as arrears of land revenue.]
(1) The Authority shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
(2) If in, or in connection with the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the Central Government the decision of the Central Government on such dispute shall be final.
[(3) The Central Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the Central Gover
(1) The Authority shall furnish to the Central Government such reports, returns and other information as that Government may from time to time require.
(2) Without prejudice to the provisions of sub-section (7), the Central Government or any officer authorised by the Central Government in this behalf, may call for reports, returns and other information from the Authority or local authority in regard to the implementation of the master plan.
(3) Any person authorised by the Central Government or the Officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
(4) No
(1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served
(a) where the person to be served is a company if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its
Every public notice given under this Act shall be in writing over the signature of the secretary to the Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonble time for doing the same.
All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the secretary to the Authority or any other office authorised by the Authority in this behalf.
Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No court inferior to that of a 1[Metropolitan Magistrate] shall try an offence punishable under this Act.
(1) No prosecution for any offence punishable under this Act 3[other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction of the Authority or as the case may be, the local authority concerned or any officer authorised by the Authority or such local authority in this behalf.
(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of section 31 and punishable under sub-section (5) of that section shall be instituted except, with the previous sanction of the Administrator or any officer authorised by him in this behalf.]
Notwithstanding anything contained in [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any court of a Metropolitan Magistrate] to pass any sentence authorised by this Act in excess of its powers under the said section.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
(1) The Authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by such officer or local authority [or committee consituted under section 5A] as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein
(2) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Administrator of the Union territory of Delhi may, by notification in the Official Gazette, direct that any power exercisable by him under this Act [except the pow
(1) Nothing in this Act shall affect the operation of the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956)
(2) [Save as otherwise provided in sub-section (4) of section 30 or sub-section (8) of section 31 or sub-section (7) of this section], the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law
(3) Notwithstanding anything contained in any such other law
(a) when permission for development in respect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained;
&
(1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters specified in sub-section (2) unless the Authority, upon consideration of such rule, regulation or bye-law, certifies that it does not contravene any of the provisions of the master plan or the zonal development plan.
(2) The matters referred to in sub-section (1) are the following, namely:
(a) water supply, drainage and sewage disposal;
(b) erection and re-erection of buildings, including grant of building permissions, licences and imposition of restrictions on use and sub-division of buildings;
(c) sub-division of land into building sites, roads and lanes, recreational sit
(1) No suit shall be instituted against the Authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the Authority or any member or any officer or other employee of the Authority in respect of any act done or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been, in the case of the Authority, left at its office, and in any other case, delivered to, or left at the office or place of abode of, the person to be sued, and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaintiff continues a statement that such notice has been so left or delivered.
(2) No suit such
Nothing in this Act shall apply to
(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
(c) the erection of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture;
(d) the erection of a place of worship or a tomb or cenotaph or of a wall enc
(1) Where any land situated in any area in Delhi is required by the master plan or a zonal development plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if on the expiration of ten years from the date of operation of the plan under section 11 or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired * * * the owner of the land may serve on the Central Government a notice requiring his interest in the land to be so acquired.
(2) [If the Central Government] fails to acquire the land within a period of six months from the date of receipt of the notice, the master plan or, as the case may be, the zonal development plan shall have effect, after the expiration of the said six months as if the land were
(1) The Central Government, after consultation with the Authority may, by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Authority may make in relation to the amendment of such rules after they are made.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the manner of election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3;
(b) the qualifications and disqualifications for bein
(1) [The Authority, with the previous approval of the Central Government, may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for
(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
[(aa) the summoning and holding of meetings of a committee constituted under section 5A, the time and place where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attendin
Every rule and every regulation made under this Act shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
(1) Where the Central Government is saitsfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the Central Government unnecessary, that Government may by notification in the Official Gazette declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
(2) From the said date
(a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, or be realisable by, the Central Government;
(b) all nazul lands placed at the disposal of the Authority shall revert to the Central Government;
(1) As from the date of the constitution of the Authority,
(a) the United Provinces Town Improvement Act, 1919 (U.P. Act VIII of 1919), shall cease to have effect in the Union territory of Delhi; and
(b) the Delhi (Control of Building Operations) Act, 1955, shall stand repealed.
(2) Notwithstanding the provisions of sub-section (1)
(a) every officer and other employee serving under the Delhi Improvement Trust or the Delhi Development (Provisional) Authority immediately before the date of the constitution of the Authority shall, on and from such date, be transferred to and become an officer or other employee of the Authority with such designations as the Authority may determine and shall hold office by the same tenure, as the same remuneration and
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