1
[330A. General superintendence, etc., of the 2
[
3
[Central Government]].—Notwithstanding
anything contained in any other provision of this Act, the Commissioner shall exercise his powers and
discharge his functions under this Chapter, under the general superintendence, direction and control of the
4
[
5
[Central Government]].]
331. Definition.—In this Chapter, unless the context otherwise requires, the expression “to erect a
building” means—
(a) to erect a new building on any site whether previously built upon or not;
(b) tore-erect.—
(i) any building of which more than one-half of the cubical contents above the level of the
plinth have been pulled down, burnt or destroyed, or
(ii) any building of which more than one-half of the superficial area of the external walls above
the level of the plinth has been pulled down, or
(iii) any frame building of which more than half of the number of the posts or beams in the
external walls have been pulled down;
(c) to convert into a dwelling house any building or any part of a building not originally constructed
for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;
(d) to convert into more than one dwelling house a building originally constructed as one dwelling
house only;
(e) to convert into a place of religious worship or into a sacred building any place or building not
originally constructed for such purpose;
(f) to roof or cover an open space between walls or buildings to the extent of the structure which is
formed by the roofing or covering of such space;
(g) to convert two or more tenements in a building into a greater or lesser number;
(h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not
originally constructed for use as such or which was not so used before the change;
(i) to convert a building which when originally constructed was legally exempt from the operations
of any building regulations contained in this Act or in any bye-laws made thereunder or in any other
law, into a building which had it been originally erected in its converted form, would have been subject
to such building regulations;
1. Ins. by Act 67 of 1993, s. 98 (w.e.f 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
4. Subs. by Delhi Act 12 of 2011, s. 2 “ Central Government” (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
114
(j) to convert into or use as dwelling house any building which has been discontinued as or
appropriated for any purpose other than a dwelling house.
332. Prohibition of building without sanction.—No person shall erect or commence to erect any
building, or execute any of the works specified in section 334 except with the previous sanction of the
Commissioner, not otherwise than in accordance with the provisions of this Chapter and of the bye-laws
made under this Act in relation to the erection of buildings or execution of works.
333. Erection of building.—(1) Every person who intends to erect a building shall apply for sanction
by giving notice in writing of his intention to the Commissioner in such form and containing such
information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.
334. Applications for additions to, or repairs of, buildings.—(1) Every person who intends to
execute any of the following works, that is to say—
(a) to make any addition to a building;
(b) to make any alteration or repairs to a building involving the removal or re-erection of any
external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding
one-half of such wall above the plinth level, such half to be measured in superficial feet;
(c) to make any alteration or repairs to a frame building involving the removal or re-erection of
more than one-half of the posts in any such wall thereof as aforesaid; or involving the removal or reerection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth
level, such half to be measured in superficial feet;
(d) to make any alteration in a building involving—
(i) the sub-division of any room in such building so as to convert the same into two or more
separate rooms, or
(ii) the conversion of any passage or space in such building into a room or rooms;
(e) to repair, remove, construct, reconstruct or make any addition to or structural alteration in any
portion of a building abutting on a street which stands within the regular line of such street;
(f) to close permanently any door or window in an external wall;
(g) to remove or reconstruct the principal staircase or to alter its position;
shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and
containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.
335. Conditions of valid notice.—(1) A person giving the notice required by section 333 shall specify
the purpose for which it is intended to use the building to which such notice relates; and a person giving
the notice required by section 334 shall specify whether the purpose for which the building is being used is
proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-section (1) and any further
information and plans which may be required by bye-laws made in this behalf have been furnished to the
satisfaction of the Commissioner along with the notice.
336. Sanction or refusal of building or work.—(1) The Commissioner shall sanction the erection of
a building or the execution of a work unless such building or work would contravene any of the provisions
of sub-section (2) of this section or the provisions of section 340.
(2) The grounds on which the sanction of a building or work may be refused shall be the following,
namely:—
115
(a) that the building or work or the use of the site for the building or work or any of the particulars
comprised in the site plan, ground plan, elevation, section or specification would contravene the
provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under
such other law;
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner
required under the bye-laws made in this behalf;
(c) that any information or documents required by the Commissioner under this Act or any byelaws made thereunder has or have not been duly furnished;
(d) that in cases falling under section 312, lay-out plans have not been sanctioned in accordance
with section 313;
(e) that the building or work would be an encroachment on Government land or land vested in the
Corporation;
(f) that the site of the building or work does not about on a street or projected street and that there
is no access to such building or work from any such street by a passage or path-way appertaining to
such site.
(3) The Commissioner shall communicate the sanction to the person who has given the notice; and
where he refuses sanction on any of the grounds specified in sub-section (2) or under section 340 he shall
record a brief statement of his reasons for such refusal and communicate the refusal along with the reasons
therefor to the person who has given the notice.
(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in
the bye-laws made in this behalf.
337. When building or work may be proceeded with.—(1) Where within a period of sixty days, or
in cases falling under clause (b) of section 331 within a period of thirty days, after the receipts of any notice
under section 333 or section 334 or of the further information, if any, required under section 335 the
Commissioner does not refuse to sanction the building or work or upon refusal, does not communicate the
refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction
to the building or work and the person by whom the notice has been given shall be free to commence and
proceed with the building or work in accordance with his intention as expressed in the notice and the
documents and plans accompanying the same:
Provided that if it appears to the Commissioner that the site of the proposed building or work is likely
to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line
of a public street or extension, improvement, widening or alteration of any street, the Commissioner may
withhold sanction of the building or work for such period not exceeding three months as he deems fit and
the period of sixty days or as the case may be, the period of thirty days specified in this sub-section shall
be deemed to commence from the date of the expiry of the period for which the sanction has been withheld.
(2) Where a building or work is sanctioned or is deemed to have been sanctioned by the Commissioner
under sub-section (1), the person who has given the notice shall be bound to erect the building or execute
the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or
any other law or of any bye-law made thereunder.
(3) If the person or anyone lawfully claiming under him does not commence the erection of the building
or the execution of the work within one year of the date on which the building or work is sanctioned or is
deemed to have been sanctioned, he shall have to give notice under section 333 or, as the case may, be
under section 334 for fresh sanction of the building or the work and the provisions of this section shall
apply in relation to such notice as they apply in relation to the original notice.
(4) Before commencing the erection of a building or execution of a work within the period specified in
sub-section (3), the person concerned shall give notice to the Commissioner of the proposed date of the
commencement of the erection of the building or the execution of the work:
116
Provided that if the commencement does not take place within seven days of the date so notified, the
notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.
338. Sanction accorded under misrepresentation.—If at any time after the sanction of any building
or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence
of any material misrepresentation or fraudulent statement contained in the notice given or information
further under sections 333, 334 and 335, he may be order in writing cancel for reasons to be recorded such
sanction and any building or work commenced, erected or done shall be deemed to have been commenced,
erected or done without such sanction:
Provided that before making any such order the Commissioner shall give reasonable opportunity to the
person affected as to why such order should not be made.
339. Buildings at corners of streets.—The Commissioner may require any building intended to be
erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent
as he may determine, and may acquire such portion of the site at the corner as he may consider necessary
for public convenience or amenity.
340. Provisions as to buildings and works on either side of new streets.—(1) The erection of any
building on either side of a new street may be refused by the Commissioner unless and until such new street
has been levelled, and wherever in the opinion of the Commissioner practicable, metalled or paved, drained,
lighted and laid with a water main to his satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the
Commissioner if such building or any portion thereof or such work comes within the regular line of any
street, the position and direction of which has been laid down by the Commissioner but which has not been
actually constructed or if such building or any portion thereof or such work is in contravention of any
building or any other scheme or plan prepared under this Act or any other law for the time being in force.
341. Period for completion of building or work.—The Commissioner, when sanctioning the erection
of a building or execution of a work, shall specify a reasonable period after the commencement of the
building or work within which the building or work is to be completed and if the building or work is not
completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained
in the manner hereinbefore provided, unless the Commissioner on application made therefor has allowed
an extension of that period.
342. Prohibition against use of inflammable materials for building, etc., without permission.—In
such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a
building or no shed or fence shall be constructed or reconstructed or cloth, grass leaves, mats or other
inflammable materials except with the written permission of the Commissioner, nor shall any such roof,
verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent
year except with fresh permission obtained in this behalf.
1
[343. Order of demolition and stoppage of buildings and works in certain cases and
appeal.—(1) Where the erection of any building or execution of any work has been commenced, or is being
carried on, or has been completed without or contrary to the sanction referred to in section 336 or in
contravention of any condition subject to which such sanction has been accorded or in contravention of any
of the provisions of this Act or bye-laws made thereunder, the Commissioner may, in addition to any other
action that may be taken under this Act, make an order directing that such erection or work shall be
demolished by the person at whose instance the erection or work has been commenced or is being carried
on 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 demolition with a brief statement of the reasons therefor has
been delivered to that person), as may be, specified in the order of demolition:
Provided that no order of demolition shall be made unless the person has been given by means of a
notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause
why such order shall not be made:
Provided further that where the erection or work has not been completed, the Commissioner may by
the same order or by a separate order, whether made at the time of the issue of the notice under the first
1. Subs. by Act 42 of 1961, s. 16, for section 343 (w.e.f. 12-9-1961).
117
proviso or at any other time, direct the person to stop the erection or work until the expiry of the period
within which any appeal against the order of demolition, if made, may be preferred under sub-section (2).
(2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may prefer an
appeal against the order to 1
[the Appellate Tribunal] within the period specified in the order for the
demolition of the erection or work to which it relates.
(3) Where an appeal is preferred under sub-section (2) against an order of demolition, 2
[the Appellate
Tribunal may, subject to the provisions of sub-section (3) of section 347C,] stay the enforcement of that
order on such terms, if any, and for such period, as it may think fit:
Provided that where the erection of any building or execution of any work has not been completed at
the time of the making of the order of demolition, no order staying the enforcement of the order of
demolition shall be made by 3
[the Appellate Tribunal, unless security, sufficient in the opinion of the said
Tribunal], has been given by the appellant for not proceeding, with such erection or work pending the
disposal of the appeal.
(4)
4
[No court] shall entertain any suit, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or making any order in pursuance of the
provisions of this section.
(5)
5
[Subject to an order made by the Administrator on appeal under section 347D, every order made
by the Appellate Tribunal on appeal under this section, and subject to the orders of the Administrator and
the Appellate Tribunal on appeal] the order of demolition made by the Commissioner shall be final and
conclusive.
(6) Where no appeal has been preferred against an order of demolition made by the Commissioner
under sub-section (1) or where an order of demolition made by the Commissioner under that subsection 6
[has been confirmed on appeal, whether with or without variation, by the Appellate Tribunal in a
case where no appeal has been preferred against the order of the Appellate Tribunal, and by the
Administrator in a case where an appeal has been preferred against the order of the Appellate Tribunal] the
person against whom the order has been made shall comply with the order within the period specified
therein, or as the case may be, within the period, if any, fixed by 7
[the Appellate Tribunal or the
Administrator] on appeal and on the failure of the person to comply with the order within such period, the
Commissioner may himself cause the erection or the work to which the order relates to be demolished and
the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act].
344. Order of stoppage of buildings or works in certain cases.—(1) Where the erection of any
building or execution of any work has been commenced or is being carried on (but has not been completed)
without or contrary to the sanction referred to in section 336 or in contravention of any condition subject to
which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made
thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by
order require the person at whose instance the building or the work has been commenced or is being carried
on to stop the same forthwith.
(2)
8
[If an order made by the Commissioner under section 343 or under sub-section (1) of this section
directing any person to stop the erection of any building or execution of any work is not complied with,]
the Commissioner may require any police officer to remove such person and all his assistants and workmen
from the premises 9
[or to seize any construction material, tool, machinery, scaffolding or other things used
1. Subs. by Act 42 of 1984, s. 3, for “the court of the district judge of Delhi” (w.e.f. 10-2-1986).
2. Subs. by s. 3, ibid., for “the court of the district judge may” (w.e.f. 10-2-1986).
3. Subs. by Act 42 of 1984, s. 3, for “the court of the district judge unless security, sufficient in the opinion of the court”
(w.e.f. 10-2-1986).
4. Subs. by s. 3, ibid., for “Save as provided in this section, no court” (w.e.f. 10-2-1986).
5. Subs. by s. 3, ibid., for certain words (w.e.f. 10-2-1986).
6. Subs. by s. 3, ibid., for “has been confirmed on appeal, whether with or without variation” (w.e.f. 10-2-1986).
7. Subs. by s. 3, ibid., for “the court of the district judge” (w.e.f. 10-2-1986).
8. Subs. by Act 42 of 1961, s. 17, for “If such order is not complied with forthwith” (w.e.f. 12-9-1961).
9. Ins. by Act 42 of 1984, s. 4 (w.e.f. 10-2-1986).
118
in the erection of any building or execution of any work] 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 Commissioner under subsection (2) shall be disposed
of by him in the manner specified in section 326.]
(3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he
thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee to
watch the premises in order to ensure that the erection of the building or the execution of the work is not
continued.
(4) Where a police officer or a municipal officer or other municipal employee has been deputed under
sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose
instance such erection or execution is being continued or to whom notice under sub-section (1) was given
and shall be recoverable from such person as an arrear of tax under this Act.
345. Power of Commissioner to require alteration of work.—(1) The Commissioner may at any
time during the erection of any building or execution of any work or at any time 1
[after the completion
thereof, by a written notice of not less than seven days], specify any matter in respect of which such erection
or execution is without or contrary to the sanction referred to in section 336 or is in contravention of any
condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require
the person who give the notice under section 333 or section 334 or the owner of such building or work
either—
(a) to make such alterations as may be specified in the said notice with the object of bringing the
building or work in conformity with the said sanction, condition or provisions, or
(b) to show cause why such alterations should not be made, within a period stated in the notice.
(2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations
specified in the notice.
(3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either
cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he thinks
fit.
2
[345A. Power to seal unauthorised constructions.—(1) It shall be lawful for the Commissioner, at
any time, before or after making an order of demolition under section 343 or of the stoppage of the erection
of any building or execution of any work under section 343 or under section 344, to make an order directing
the sealing of such erection or work or of the premises in which such erection or work is being carried on
or has been completed 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 erection or work.
(2) Where any erection or work or any premises in which any erection or work is being carried on, has
or have been sealed, the Commissioner may, for the purpose of demolishing such erection or work in
accordance with the provisions of this Act, order such seal to be removed.
(3) No person shall remove such seal except—
(a) under an order made by the Commissioner under sub-section (2); or
(b) under an order of an Appellate Tribunal or the Administrator, made in an appeal under this Act.]
346. Completion certificates.—(1) Every person who employs a licensed architect or engineer or a
person approved by the Commissioner to design or erect a building or execute any work shall, within one
month after the completion of the erection of the building or execution of the work, deliver or send or cause
to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a
certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all
necessary facilities for the inspection of such building or work.
1. Subs. by Act 42 of 1984, s. 5, for “within three months after the completion thereof, by a written notice” (w.e.f. 10-12-1985).
2. Ins. by s. 6, ibid. (w.e.f. 10-2-1986).
119
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any
building or a part thereof effected by any such work until permission has been granted by the Commissioner
in this behalf in accordance with bye-laws made under this Act:
Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of
completion to communicate his refusal to grant such permission, such permission shall be deemed to have
been granted.
347. Restrictions on user of buildings.—No person shall, without the written permission of the
Commissioner, or otherwise than in conformity with the conditions, if any, of such permission—
(a) use or permit to be used for human habitation any part of a building not originally erected or
authorised to be used for that purpose or not used for that purpose before any alteration has been made
therein by any work executed in accordance with the provisions of this Act and of the bye-laws made
thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
1
[347A. Appellate Tribunal.—(1) The 2
[Government] shall, by notification in the Official Gazette,
constitute one or more Appellate Tribunals with headquarters at Delhi, for deciding appeals preferred under
section 343 or section 347B.
(2) An Appellate Tribunal shall consist of one person to be appointed by the 2
[Central 3
[Government]
on such terms and conditions of service as may be prescribed by rules.
(3) A person shall not be qualified for appointment as the presiding officer of an Appellate Tribunal
unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a
judicial office in India.
(4) The 2
[Government] may, if it so thinks fit, appoint one or more persons having special knowledge
of, or experience in, the matters involved in such appeals, to act as assessors to advise the Appellate Tribunal
in the proceedings before it, but no advice of the assessors shall be binding on the Appellate Tribunal.
(5) The 2
[Government] shall, by notification in the Official Gazette, define the territorial limits within
which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals have
jurisdiction over the same territorial limits, the 2
[Government] shall also provide for the distribution and
allocation of work to be performed by such Tribunals.
(6) For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal
shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by
rules:
Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals
in accordance with the rules.
347B. Appeals against certain orders or notices issued under the Act.—(1) Any person aggrieved
by any of the following orders made or notices issued under this Act, may prefer an appeal against such
order or notice to the Appellate Tribunal, namely:—
(a) an order according or disallowing sanction to a lay-out plan under section 313;
(b) an order directing the alteration or demolition of any street under section 314;
(c) a notice under sub-section (1) of section 315;
(d) a notice under sub-section (2) of section 317;
1. Ins. by Act 42 of 1984, s. 7 (w.e.f. 10-2-1986).
2. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
120
(e) an order directing the disposal of things removed under Chapter XV or seized under section
344, or an order rejecting the claim of any person for the balance of the proceeds of sale of the things
so disposed of;
(f) an order sanctioning or refusing to sanction the erection of any building or the execution of any
work under section 336;
(g) an order with holding sanction under the proviso to sub-section (1) of section 337;
(h) an order cancelling a sanction under section 338;
(i) an order requiring the rounding off, splaying or cutting off the height of a building intended to
be erected, or for the acquisition of any portion of a site, under section 339;
(j) an order disallowing the erection of any building or the execution of any work under
section 340;
(k) an order requiring the stoppage of any erection or work under section 344;
(l) an order requiring the alteration of any building or work under section 345;
(m) an order directing the sealing of unauthorised constructions under section 345A;
(n) an order refusing to grant permission under sub-section (2) of section 346;
(o) an order granting or refusing permission under section 347;
(p) any such other order or notice relating to or arising out of planned development under the
provisions of this Act as may be prescribed by rules.
(2) An appeal under this section shall be filed within thirty days from the date of the order or notice
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 or notice appealed against and by such fees as may be prescribed by rules.
347C. Procedure of the Appellate Tribunal.—(1) The Appellate Tribunal may, after giving the
parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming,
modifying or annulling the order or notice appealed against or may refer the case back to the authority or
officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional
evidence, if necessary, or such other action as the Appellate Tribunal may specify.
(2) The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal.
(3) No Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice under
this Act, make an interim order (whether by way of injunction or stay) against 1
[
2
[the Corporation]] or
against any officer or servant of 1
[
2
[the Corporation]] acting or purporting to act in his official capacity,
unless an opportunity is given to the Corporation or its officer or servant to be heard in the matter:
Provided that the Appellate Tribunal may without giving an opportunity as aforesaid make an interim
order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary
so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately
compensated in money:
Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on
the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that
period, the Appellate Tribunal confirms or modifies that order after giving to 1
[
2
[the Corporation]] or its
officer or servant an opportunity of being heard.
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
121
(4) Subject to rules that may be made by the 1
[Government] in this behalf, the awarding of damages in
and the costs of, and incidental to, any appeal before an Appellate Tribunal, shall be in its discretion and it
shall have full power to determine by and to whom and to what extent and subject to what conditions, if
any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary
directions for the purposes aforesaid.
(5) An order of the Appellate Tribunal made under this section may be executed or caused to be
executed by it on the application of the person in whose favour the order has been made.
(6) In hearing and deciding an appeal or in the execution of an order, an Appellate Tribunal shall follow
such procedure as may be prescribed by rules.
(7) Every Appellate Tribunal, shall, in addition to the powers conferred on it under this Act, have
the same powers as are vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and examining them on oath;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commisisons for the examination of witnesses or documents; and
(f) any other matter which may be prescribed by rules, and every proceeding of an Appellate
Tribunal in hearing or deciding an appeal or in connection with the execution of its order, shall be
deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of
section 196, of the Indian Penal Code (45 of 1860), and every Appellate Tribunal shall be deemed to a
Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
(2 of 1974).
347D. Appeal against orders of Appellate Tribunal.—(1) An appeal shall lie to the Administrator
against an order of the Appellate Tribunal, made in an appeal under section 343 or section 347B,
confirming, modifying or annulling an order made or notice issued under this Act.
(2) The provisions of sub-sections (2) and (3) of section 347B and section 347C 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 those sections.
(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 347B, and subject to such orders of the Administrator or an
Appellate Tribunal, an order or notice referred to in sub-section (1) of that section, shall be final.
347E. Bar of jurisdiction of courts.—(1) After the commencement of section 7 of the Delhi Municipal
Corporation (Amendment) Act, 1984 (42 of 1984), no court shall entertain any suit, application or other
proceedings in respect of any order or notice appealable under section 343 or section 347B and no such
order or notice shall be called in question otherwise than by preferring an appeal under those sections.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding
pending in any court immediately before the commencement of section 7 of the Delhi Municipal
Corporation (Amendment) Act, 1984 (42 of 1984), in respect of any order or notice appealable under
section 343 or section 347B, shall continue to be dealt with and disposed of by that court as if the said
section had not been brought into force.]
348. Removal of dangerous buildings.—(1) If it appears to the Commissioner at any time that any
building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying,
resorting to or passing by such building or any other building or place in the neighbourhood of such
building, the Commissioner may, by order in writing, require the owner or occupier of such building to
demolish, secure or repair such building or do one or more of such things within such period as may be
specified in the order, so as to prevent all cause of danger therefrom.
1. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
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(2) The Commissioner may also, if he thinks fit, require such owner or occupier by the said order either
forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient
hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail
wherever practicable to serve as a foot-way for passengers outside of such hoard or fence.
(3) If it appears to the Commissioner that danger from a building which is in a ruinous condition or
likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair
the said building or take such steps as may be necessary to prevent the danger.
(4) If the owner or occupier of the building does not comply with the order within the period specified
therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger
therefrom.
(5) All expenses incurred by the Commissioner in relation to any building under this section shall be
recoverable from the owner or occupier thereof as an arrear of tax under this Act.
349. Power to order building to be vacated in certain circumstances.—(1) The Commissioner may
by order in writing direct that any building which in his opinion is in a dangerous condition or is not
provided with sufficient means of egress in case of fire or is occupied in contravention of section 346 be
vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order the Commissioner shall record a brief statement of the
reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct
any police officer to remove such person from the building and the police officer shall comply with such
direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or been removed from
any building in pursuance of an order made by him, reinstate such person in the building on the expiry of
the period for which the order has been in force according as the circumstances prevailing at that time
permit.
1
[349A. Power of Central Government to make bye-laws.—(1) The 2
[Government] may, by
notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter:
Provided that all bye-laws made by 3
[
4
[the Corporation]] under paragraph F of sub-section (1) of section
481 of this Act as it stood immediately before the commencement of the Delhi Municipal
Corporation(Amendment) Act, 1993 and in force immediately before such commencement, shall be
deemed to have been made under the provisions of this section and shall continue to have the same force
and effect after such commencement until it is amended, varied, rescinded or superseded under the
provisions of this section.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may
provide for all or any of the following matters, namely:—
(a) the regulation or restriction of the use of sites for buildings for different areas;
(b) the regulation or restriction of buildings in different areas;
(c) the form of notice of erection of any building or execution of any work and the fee in respect of
the same;
(d) the plans and documents to be submitted together with such notice and the information and
further information to be furnished;
(e) the level and width of foundation, level of lowest floor and stability of structure;
(f) the construction of buildings and the materials to be used in the construction of buildings;
1. Ins. by Act 67 of 1993, s. 99 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
123
(g) the height of buildings whether absolute or relative to the width of streets or to different area;
(h) the number and height of storeys composing a building and the height of rooms and the
dimensions of room intended for human habitation;
(i) the provision of open spaces, external and internal, and adequate means of light and ventilation;
(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices;
(k) the provision of secondary means of access for the removal of house refuse;
(l) the materials and methods of construction of external and party walls, roofs and floors;
(m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, staircases, latrines, drains and cesspools;
(n) the provision of lifts;
(o) the paving of yards;
(p) the restriction on the use of inflammable materials in buildings;
(q) the restriction on construction of foundation on certain sites;
(r) the measures to be taken to protect buildings from damp arising from sub-soil;
(s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in
connection with buildings;
(t) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is
intended for drinking purposes, the means which shall be used to prevent pollution of the water;
(u) the supervision of buildings;
(v) the setting back of garages and shops from the regular line of a street;
(w) the construction of portable structures and permission for such construction.
(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Commissioner,
who shall cause the same to be published in the Official Gazette for inviting objections and suggestions
from the public within thirty days from the date of such publication.
(4) The Commissioner shall forward the draft bye-laws to the Central Government along with his
recommendations and the objections and suggestions received from the public, within three months of their
publication in the Official Gazette.
(5) The Central Government may issue such directions to the Commissioner as it thinks fit, for ensuring
proper implementation of the bye-laws made under this section.]