28. Powers of entry.—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 referred to in section 12 or in contravention
of any condition subject to which such permission has been granted; or
(g) doing any other thing necessary for the efficient administration of this Act:
Provided that—
(i) no such entry shall be made except between the hours of sunrise and sunset and without
giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or
building;
(ii) sufficient opportunity shall in every instance be given to enable women (if any) to
withdraw from such land or building;
(iii) due regard shall always be had, so far as may be compatible with the exigencies of the
purpose for which the entry is made, to the social and religious usages of the occupants of the
land or building entered.
15
29. Penalties.—(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, if 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 clause (a).]
(2) Any person who uses any land or building in contravention of the provisions of section 14 or in
contravention of any terms and conditions prescribed by regulations under the proviso to that section shall
be punishable with fine which may extend to five thousand rupees 2
[and in the case of a continuing
offence, with further fine which may extend to two hundred and fifty rupees for every day during which
such offence continues after conviction for the first commission of the offence].
(3) Any person who obstructs the entry of a person authorised under section 28 to enter into or upon
any land or building or molests such person after such entry shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to one thousand rupees, or with
both.
30. Order of demolition of building.—3
[(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 thereof,
may, in addition to any prosecution that may be instituted 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 been
completed, within such period (not being less than five days and more than fifteen days from the date on
which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to
the owner or that person) as may be specified in the order and on his failure to comply with the order, the
officer of the Authority or, as the case may be, the competent authority may remove or cause to be
removed the development and the expenses of such removal shall be recovered from the owner or the
person at whose instance the development was commenced or was being carried out or was completed as
arrears of land revenue:
Provided that no such order shall be made unless the owner or the person concerned has been given a
reasonable opportunity to show cause why the order should not be made.
(1A) If any development in an area other than a development area 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 approval or sanction referred to in section 12 or in contravention of any conditions subject to
which such approval or sanction has been granted and the competent authority has failed to remove or
cause to be removed the development within the time that may be specified in this behalf by the
4
[Lieutenant Governor] of the 5
[National capital territory of Delhi], the 4
[Lieutenant Governor] may, after
observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove
1. Subs. by Act 38 of 1984, s. 3, for certain words (w.e.f. 12-3-1985).
2. Ins. by Act 56 of 1963, s. 13 (w.e.f. 30-12-1963).
3. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 30-12-1963).
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
5. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996).
16
or cause to be removed such development and that officer shall be bound to carry out such direction and
any expenses of such removal may be recovered from the owner or the person at whose instance the
development was commenced or was being carried out or was completed as arrears of land revenue.]
1
* * * * *
2
[(2A) Any person aggrieved by the direction of the 3
[Lieutenant Governor] under sub-section (1A)
may appeal to the Central Government within thirty days from the date thereof, and the Central
Government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss
the appeal or may reverse or vary any part of the direction.]
4
[(3) The decision of 5
[the Central Government on the appeal and subject only to such decision], the
direction under sub-section (1A), shall be final and shall not be questioned in any court.
(4) The provisions of this section shall be in addition to, and not in derogation of, any other provision
relating to demolition of buildings contained in any other law for the time being in force.]
6
[31. Power to stop development.—(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 discontinued in pursuance of the order under sub-section (1), the
Authority or the officer of the Authority or the competent authority, as the case may be, may require any
police officer to remove the person by whom the development has been commenced and all his assistants
and workmen from the place of development 7
[or to seize any construction material, tool, machinery,
scaffolding or other things used in such development] within such time as may be specified in the
requisition and such police officer shall comply with the requisition accordingly.
7
[(2A) Any of the things caused to be seized by the Authority or the officer of the Authority or the
competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to
take back such things and pays to the Authority, the officer of the Authority or the competent authority, as
the case may be, the charges for the removal or storage of such things, be disposed of by it or him by
public auction or in such other manner and within such time as the Authority, the officer of the Authority
or the competent authority thinks fit.
(2B) The charges for the removal and storage of the things sold under sub-section (2A) shall be paid
out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold
on a claim being made therefor within a period of one year from the date of sale, and if no such claim is
made within the said period, shall be credited to the fund of the Authority or the competent authority, as
the case may be.]
1. Omitted by Act 38 of 1984, s. 4 (w.e.f. 12-5-1985).
2. Ins. by Act 56 of 1963, s. 14 (w.e.f. 30-12-1963).
3. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
4. Subs. by Act 56 of 1963, s. 14, for sub-section (3) (w.e.f. 30-12-1963).
5. Subs. by Act 38 of 1984, s. 4, for certain words, brackets and figure (w.e.f. 12-5-1985).
6. Subs. by Act 56 of 1963, s. 15, for section 31 (w.e.f. 30-12-1963).
7. Ins. by Act 38 of 1984, s. 5 (w.e.f. 24-2-1986).
17
(3) If any development in an area other than a development area has been commenced in
contravention of the master plan or zonal development plan or without the approval or sanction referred to
in section 12 or in contravention of any conditions subject to which such approval or sanction has been
granted and the competent authority has failed to make an order under sub-section (1) or, as the case may
be, a requisition under sub-section (2), within the time that may be specified in this behalf by the
1
[Lieutenant Governor] of the 2
[National Capital Territory of Delhi], the 1
[Lieutenant Governor] may,
after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to
make the order or requisition, as the case may be, and that officer shall be bound to carry out such
direction and the order or requisition made by him in pursuance of the direction shall be complied with
accordingly.
(4) After the requisition under sub-section (2) or sub-section (3) has been complied with,
the Authority or the competent authority or the officer to whom the direction was issued by the
1
[Lieutenant Governor] under sub-section (3), as the case may be, may depute by a written order a police
officer or an officer or employee of the Authority or local authority concerned to watch the place in order
to ensure that the development is not continued.
(5) Any person failing to comply with an order under sub-section (1) or, as the case may be, under
sub-section (3), shall be punishable with fine which may extend to two hundred rupees for every day
during which the non-compliance continues after the service of the order.
(6) No compensation shall be claimable by any person for any damage which he may sustain in
consequence of the removal of any development under section 30 or the discontinuance of the
development under this section.
3
* * * * *
(8) The provisions of this section shall be in addition to, and not in derogation of, any other provision
relating to stoppage of building operations contained in any other law for the time being in force.]
4
[31A. Power to seal unauthorised development.—(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 such 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
(b) under an order of the Appellate Tribunal or the 1
[Lieutenant Governor] of the 2
[National
Capital Territory of Delhi], made in an appeal under this Act.
31B. Appellate Tribunal.—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.
1. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
2. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996).
3. Omitted by Act 38 of 1984, s. 5 (w.e.f. 24-2-1986).
4. Ins. by s. 6, ibid. (w.e.f. 24-2-1986).
18
31C. Appeals.—(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-section (1) of section 31, for discontinuing any development;
(f) an order of the Authority or the competent authority made under section 31A, directing the
sealing of any development.
(2) An appeal under this section shall be filed within thirty days from the date of the order appealed
against:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a
copy of the order appealed against and by such fees as may be prescribed by rules.
31D. Appeals against orders of Appellate Tribunal.—(1) An appeal shall lie to the 1
[Lieutenant
Governor] of the 2
[National Capital 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 347C 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 1
[Lieutenant Governor] 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 1
[Lieutenant
Governor] or an Appellate Tribunal, an order of the Authority, officer of the Authority, local authority or
competent authority referred to in sub-section (1) of that section shall be final.
Explanation.—In sections 30, 31, 31A and 31D, “competent authority” in relation to a local authority
means any authority or officer of that local authority empowered or authorised to order demolition or
stoppage of buildings or works, in accordance with the provisions made by or under the law governing
such local authority.
31E. Bar of jurisdiction of courts.—(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. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
2. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996).
19
32. Offences by companies.—(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 part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means a body corporate and includes a firm or other association of
individuals; and
(b) “director” in relation to a firm means a partner in the firm.
33. Fines when realised to be paid to Authority or local authority concerned.—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.
34. Composition of offences.—1
[(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 2
[Lieutenant
Governor] of the 3
[National Capital 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.
4
[34A. Certain offences to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974),
shall apply to an offence under sub-section (1) 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 2
[Lieutenant Governor] of the 3
[National capital 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 the rank of a Deputy
Commissioner as may be appointed by the 2
[Lieutenant Governor] of the 3
[National capital
territory of Delhi], if the offence is committed in relation to any area within the local limits of
that Corporation; or
1. Subs. by Act 56 of 1963, s. 16, for sub-section (1) (w.e.f. 30-12-1963).
2. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
3. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996).
4. Ins. by Act 38 of 1984, s. 7 (w.e.f. 24-2-1986).
20
(c) the Secretary, New Delhi Municipal Committee, if the offence is committed in
relation to any area within the local limits of that Committee:
Provided that no offence which relates to any deviation from the permission, approval or sanction
given under section 12 and which could be compounded under the provisions of this Act, shall be
cognizable.]
1
[35. Default powers of the Authority.—(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 a 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 provide the amenity or carry out the development or
have it provided or carried out through such agency as it deems fit:
Provided that before taking any action under this sub-section, the Authority shall afford reasonable
opportunity to the owner of the land or to the person providing or responsible for providing the amenity to
show cause as to why such action should not be taken.
(3) All expenses incurred by the Authority or the agency employed by it in providing the amenity or
carrying out the development together with interest at such rate as the Central Government may by order
fix from the date when a demand for the expenses is made until payment may be recovered by the
Authority from the owner or the person providing or responsible for providing the amenity as arrears of
land revenue.]
36. Power of Authority to require local authority to assume responsibility for amenities in
certain cases.—Where any area has been developed by the Authority, the Authority may require the local
authority within whose 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 cannot 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.
2
[37. Power of Authority to levy betterment charges.—(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
this section.
(2) Such betterment charge shall be an amount—
(i) in respect of any property situate in a development area, equal to one-third of the amount, and
(ii) in respect of property situate in any other area, not exceeding one-third of the amount,
1. Subs. by Act 56 of 1963, s. 17, for section 35 (w.e.f. 30-12-1963).
2. Subs. by s. 18, ibid., for section 37 (w.e.f. 30-12-1963).
21
by which the value of the property on the completion of the execution of the development scheme
estimated as if the property were clear of buildings exceeds the value of the property prior to such
execution estimated in like manner:
Provided that in levying betterment charge on any property under clause (ii), the Authority shall have
regard to the extent and nature of benefit accruing to the property from the development and such other
factors as may be prescribed by rules made in this behalf.]
38. Assessment of betterment charge by Authority.—(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
declaration in writing that he accepts the assessment or dissents from it.
(3) When the assessment proposed by the Authority is accepted by the person concerned within the
period specified in sub-section (2) such assessment shall be final.
(4) If the person concerned dissents from the assessment or fails to give the Authority the information
required by sub-section (2) within the period specified therein the matter shall be determined by
arbitrators in the manner provided in section 39.
39. Settlement of betterment charge by arbitrators.—(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.
1
[(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 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;
(c) administering to any party to the arbitration such interrogatories as may, in the opinion of the
arbitrators, be necessary.]
(3) In the event of any difference of opinion among the arbitrators the decision of the majority shall
prevail and that decision shall be the award of the arbitrators.
(4) If any arbitrator dies, resigns, or is removed under sub-section (5) or refuses, or neglects in the
opinion of the Central Government, to perform his duties or becomes incapable of performing the same,
then the Central Government shall forthwith appoint another fit person to take the place of such arbitrator.
(5) If the Central Government is satisfied after such inquiry as it thinks fit—
(a) that an arbitrator has misconducted himself, the Central Government may remove him from
his office;
(b) that the award of the arbitrators has been improperly procured or that any arbitrator has
misconducted himself in connection with such award, the Central Government may set aside the
award.
1. Ins. by Act 56 of 1963, s. 19 (w.e.f. 30-12-1963).
22
(6) An Award which has not been set aside by the Central Government under clause (b) of
sub-section (5) shall be final and shall not be questioned in any court.
(7) The provisions of the Arbitration Act, 1940 (10 of 1940), shall not apply to arbitration under this
section.
40. Payment of betterment charge.—(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.
1
[40A. Mode of recovery of moneys due to Authority.—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.]
41. Control by Central Government.—(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.
2
[(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 Government shall not pass an order prejudicial to any person without
affording such person a reasonable opportunity of being heard.]
3
[42. Returns and inspection.—(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 (1), 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 such entry shall be made except between the hours of sunrise and sunset and without giving
reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building.]
43. Service of notices, etc.—(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;
1. Ins. by Act 56 of 1963, s. 20 (w.e.f. 30-12-1963).
2. Ins. by s. 21, ibid. (w.e.f. 30-12-1963).
3. Subs. by s. 22, ibid., for section 42 (w.e.f. 30-12-1963).
23
(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 business is carried
on, and is either—
(i) sent by registered post, or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body or a corporation or society or other body, if the
document is addressed to the secretary, treasurer or other head officer of that body, corporation or
society at its principal office, and is either—
(i) sent by registered post, or
(ii) delivered at that office;
(d) in any other case, if the document is addressed to the person to be served and—
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known
place of residence or business, if within the 1
[National captial territory of Delhi] or is given or
tendered to some adult member of his family or is affixed on some conspicuous part of the land or
building to which it relates, or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the owner or occupier of any land
or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building
(naming that land or building) without further name or description, and shall be deemed to be duly
served—
(a) if the document so addressed is sent or delivered in accordance with clause (d) of
sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on
the land or building or, where there is no person on the land or building to whom it can be delivered,
is affixed to some conspicuous part of the land or building.
(3) Where a document is served on a partnership in accordance with this section, the document shall
be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any property the secretary
to the Authority may by notice in writing require the occupier (if any) of the property to state the name
and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or
any adult member of his family shall be deemed to be service upon the minor.
(6) A servant is not a member of the family within the meaning of this section.
44. Public notice how to be made known.—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.
45. Notices, etc., to fix reasonable time.—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 reasonable time for doing the same.
1. Subs. by Act 36 of 1996, s. 2, for “Union territory of Delhi” (w.e.f. 21-12-1996).
24
46. Authentication of orders and documents of the Authority.—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 officer authorised by the Authority in this behalf.
47. Members and officers to be public servants.—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).
48. Jurisdiction of courts.—No court inferior to that of a 1
[Metropolitan Magistrate] shall try an
offence punishable under this Act.
49. Sanction of prosecution.—2
[(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.
3
[(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 4
[Lieutenant Governor] or any officer authorised by him in this behalf.]
50. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained
in 5
[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.
51. Protection of action taken in good faith.—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.
52. Power to delegate.—6
[(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 7
[or committee constituted under section 5A] as may be mentioned therein,
in such cases and subject to such conditions, if any, as may be specified therein.
7
[(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 4
[Lieutenant Governor] of the 8
[National capital territory of Delhi] may, by notification in the
Official Gazette, direct that any power exercisable by him under this Act 9
[, except the power to hear
appeals,] 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.]
53. Effect of other laws.—(1) Nothing in this Act shall affect the operation of the Slum Areas
(Improvement and Clearance) Act, 1956 (6 of 1956).
(2)
10[Save as otherwise provided in sub-section (4) of section 30 or sub-section (8) of section 31 or
sub-section (1) 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.
1. Subs. by Act 38 of 1984, s. 8, for “magistrate of the first class” (w.e.f. 12-3-1985).
2. Section 49 renumbered as sub-section (1) of that section by Act 56 of 1963, s. 23 (w.e.f. 30-12-1963).
3. Ins. by s. 23, ibid. (w.e.f. 30-12-1963).
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
5. Subs. by Act 38 of 1984, s. 9, for certain words and figures (w.e.f. 12-3-1985).
6. Section 52 renumbered as sub-section (1) of that section by Act 56 of 1963, s. 23 (w.e.f. 30-12-1963).
7. Ins. by s. 24, ibid. (w.e.f. 30-12-1963).
8. Subs. by Act 36 of 1996, s. 2, for “Union territory of Delhi” (w.e.f. 21-12-1996).
9. Ins. by Act 38 of 1984, s. 10 (w.e.f. 24-2-1986).
10. Subs. by Act 56 of 1963, s. 25, for “Save as aforesaid” (w.e.f. 30-12-1963).
25
(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;
(b) when permission for such development has not been obtained under this Act, such
development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact
that permission, approval or sanction required under such other law for such development has been
obtained.
1
[53A. Restriction on power of a local authority to make rules, regulations or bye-laws in
respect of certain matters.—(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 sites and sites for
community facilities; and
(d) development of land, improvement schemes, and housing and rehousing schemes.
53B. Notice to be given of suits.—(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 plaint
contains a statement that such notice has been so left or delivered.
(2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable
property or for a declaration of title thereto, be instituted after the expiry of six months from the date on
which the cause of action arises.
(3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief
claimed is an injunction of which the object would be defeated by the giving of the notice or the
postponement of the institution of the suit.]
54. Savings.—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;
1. Ins. by Act 56 of 1963, s. 26 (w.e.f. 30-12-1963).
26
(d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard,
place of worship, cenotaph or samadhi on land which at the commencement of this Act is occupied
by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi;
(e) the excavations (including wells) made in the ordinary course of agricultural operations; and
(f) the construction of unmetalled road intended to give access to land solely for agricultural
purposes.
55. Plans to stand modified in certain cases.—(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 at 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 1
***, the owner of the land may 2
[serve on the Central Government a notice]
requiring his interest in the land to be so acquired.
(2)
3
[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 not required to be kept as an open
space or unbuilt upon or were not designated as subject to compulsory acquisition.
56. Power to make rules.—(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 being chosen as, and for being, members of the
Authority or the Advisory Council;
(c) the salaries, allowances and conditions of service of the whole-time paid members of the
Authority;
4
[(cc) travelling and other allowances of the members of the Advisory Council except those of the
ex officio member and such other members as are Government servants;]
(d) the control and restrictions in relation to appointment of officers and other employees;
5
[(dd) the stages by which the development of any particular features of a zone may be carried
out;]
(e) the form and content of the master plan and a zonal development plan and the procedure to be
followed in connection with the preparation, submission and approval of such plans and the form, and
the manner of publication, of the notice relating to any such plan in draft;
(f) the local inquiries and other hearings that may be held before a plan is approved;
1. Certain words omitted by Act 56 of 1963, s. 27 (w.e.f. 30-12-1963).
2. Subs. by s. 27, ibid., for “serve on the authority a notice” (w.e.f. 30-12-1963).
3. Subs. by s. 27, ibid., for “If the authority for the time being charged with the development of the area” (w.e.f. 30-12-1963).
4. Ins. by Act 4 of 1976, s. 2 (w.e.f. 24-1-1976).
5. Ins. by Act 56 of 1963, s. 28 (w.e.f. 30-12-1963).
27
1
[(g) the form and manner in which notice under sub-section (3) of section 11A shall be
published;]
(h) the fee to be paid on an application for permission under sub-section (1) of section 13 and the
factors and circumstances to be taken into consideration in determining such fee;
2
* * * * *
(j) the manner in which nazul lands shall be dealt with after development;
3
[(jj) the procedure to be observed by the 4
[ Lieutenant Governor] under section 30 or section 31;
(jjj) the factors to be taken into consideration in determining the rate of betterment charge in
respect of property situate in any area outside the development area;]
5
[(ja) the manner in which the sealing of any development under sub-section (1) of section 31A
shall be made;
(jb) the form in which an appeal shall be made to the Appellate Tribunal under sub-section (3) of
section 31C and the fees that shall accompany such appeal;]
(k) the procedure for referring any matter to the Central Government under section 36 for
settlement of terms and conditions subject to which a local authority may be required to assume
responsibility for amenities in any area;
(l) the procedure to be followed by arbitrators in the determination of betterment charge;
(m) the sum of money that may be kept in current account;
3
[(mm) the procedure to be followed for borrowing moneys by way of loans or debentures and
their repayment;]
(n) the form of the budget of the Authority and the manner of preparing the same;
(o) the form of the balance-sheet and statement of accounts;
(p) the form of the annual report and the date on or before which it shall be submitted to the
Central Government;
(q) the manner of constitution of the pension and provident funds for whole-time paid members
and officers and other employees of the Authority and the conditions subject to which such funds may
be constituted;
(r) any other matter which has to be, or may be, prescribed by rules.
57. Power to make regulations.—(1)
6
[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;
7
[(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 attending the meetings or any other work of the Authority;]
1. Subs. by Act 56 of 1963, s. 28, for clause (g) (w.e.f. 30-12-1963).
2. Omitted by s. 28, ibid. (w.e.f. 30-12-1963).
3. Ins. by s. 28, ibid. (w.e.f. 30-12-1963).
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
5. Ins. by Act 38 of 1984, s. 11 (w.e.f. 24-2-1986).
6. Subs. by Act 4 of 1976, s. 3, for certain words (w.e.f. 24-1-1976).
7. Ins. by Act 56 of 1963, s. 29 (w.e.f. 30-12-1963).
28
(b) the powers and duties of the secretary and chief accounts officer of the Authority;
(c) the salaries, allowances and conditions of service of the secretary, chief accounts officer and
other officers and employees;
(d) the procedure for the carrying out of the functions of the Authority under Chapter III;
(e) the form in which any application for permission under sub-section (1) of section 13 shall be
made and the particulars to be furnished in such application;
(f) the terms and conditions subject to which user of lands and buildings in contravention of plans
may be continued;
1
* * * * *
(h) the manner of communicating the grounds of refusal of permission for development;
(i) the form of the register of applications for permission and the particulars to be contained in
such register;
(j) the management of the properties of the Authority;
(k) the time and manner of payment of betterment charge; and
(l) any other matter which has to be, or may be, prescribed by regulations.
(2) Until the Authority is established under this Act, any regulation which may be made under
sub-section (1) may be made by the Central Government; and any regulation so made may be altered or
rescinded by the Authority in exercise of its powers under sub-section (1).
2
[58. Laying of rules and regulations before Parliament.—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.]
59. Dissolution of the Authority.—(1) Where the Central Government is satisfied 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;
(c) all liabilities which are enforceable against the Authority shall be enforceable against the
Central Government; and
(d) for the purpose of carrying out any development which has not been fully carried out by the
Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the
functions of the Authority shall be discharged by the Central Government.
1. Omitted by Act 56 of 1963, s. 29 (w.e.f. 30-12-1963).
2. Subs. by Act 4 of 1976, s. 4, for section 58 (w.e.f. 24-1-1976).
29
60. Repeal, etc., and savings.—(1) As from the date of 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 1
[National capital territory of Delhi]; and
(b) the Delhi (Control of Building Operations) Act, 1955 (53 of 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, at the same remuneration and on the same terms and conditions of service as he would have
held the same if the Authority had not been constituted, and shall continue to do so unless and until
such tenure, remuneration and terms and conditions are duly altered by the Authority:
Provided that any service rendered by any such officer or other employee before the constitution
of the Authority shall be deemed to be service rendered under it:
Provided further that the Authority may employ any such officer or other employee in the
discharge of such functions under this Act as it may think proper and every such officer or other
employee shall discharge those functions accordingly;
(b) anything done or any action taken (including any appointment, delegation, notification, order,
scheme, permission, rule, bye-law, regulation or form made, granted or issued) under any of the
aforesaid Acts, shall, so far as it is not inconsistent with the provisions of this Act, continue in force
and be deemed to have been done or taken under the provisions of this Act unless and until it is
superseded by anything done or any action taken under the said provisions;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the Delhi Improvement Trust or the Delhi Development
(Provisional) Authority shall be deemed to have been incurred, entered into or engaged to be done by,
with or for the Authority;
(d) all properties movable and immovable vested in the Delhi Improvement Trust or the Delhi
Development (Provisional) Authority shall vest in the Authority;
(e) all rents, fees and other sums of money due to the Delhi Improvement Trust or the Delhi
Development (Provisional) Authority shall be deemed to be due to the Authority;
(f) all suits, prosecutions and other legal proceedings instituted or which might have been
instituted by, for or against the Delhi Improvement Trust or the Delhi Development (Provisional)
Authority may be continued or instituted by, for or against the Authority.