The Delhi Development Act, 1957
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 1 Short title, extent and commencement. 2 docs
(1) This Act may be called the Delhi Development Act, 1957.
(2) It extends to the whole of the 1[National Capital Territory of Delhi].
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
(2) It extends to the whole of the 1[National Capital Territory of Delhi].
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1 Subs. by Act 36 of 1996, s. 2, for "Union territory of Delhi" (w.e.f. 21-12-1996).
2 30th December, 1957, vide notification No. S. R. O. 120, dated 30th December, 1957, see Gazette of India, Extraordinary, Part. II, sec. 3.
2 30th December, 1957, vide notification No. S. R. O. 120, dated 30th December, 1957, see Gazette of India, Extraordinary, Part. II, sec. 3.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;
(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;
(d) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment;
(e) "development area" means any area declared to be a development area under sub-section (1) of section 12;
(f) "engineering operations" includes the formation or laying out of means of access to a road or the laying out of means of water supply;
(g) "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and includes a road;
(h) "regulation" means a regulation made under this Act by the Delhi Development Authority constituted under section 3;
(i) "rule" means a rule made under this Act by the Central Government;
(j) "to erect" in relation to any building includes
(i) any material alteration or enlargement of any building,
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,
(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place,
(iv) the conversion of two or more places of human habitation into a greater number of such places,
(v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security,
(vi) the addition of any rooms, buildings, houses or other structures to any building, and
(vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;
(k) "zone" means any one of the divisions in which Delhi may be divided for the purposes of development under this Act;
1[(l) the expression "land" shall have the meaning assigned to it in section 3 of the Land Acquisition Act, 1894 (1 of 1894).]
(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;
(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;
(d) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment;
(e) "development area" means any area declared to be a development area under sub-section (1) of section 12;
(f) "engineering operations" includes the formation or laying out of means of access to a road or the laying out of means of water supply;
(g) "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and includes a road;
(h) "regulation" means a regulation made under this Act by the Delhi Development Authority constituted under section 3;
(i) "rule" means a rule made under this Act by the Central Government;
(j) "to erect" in relation to any building includes
(i) any material alteration or enlargement of any building,
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,
(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place,
(iv) the conversion of two or more places of human habitation into a greater number of such places,
(v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security,
(vi) the addition of any rooms, buildings, houses or other structures to any building, and
(vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;
(k) "zone" means any one of the divisions in which Delhi may be divided for the purposes of development under this Act;
1[(l) the expression "land" shall have the meaning assigned to it in section 3 of the Land Acquisition Act, 1894 (1 of 1894).]
1. Subs. by Act 56 of 1963, s. 2, for clause (l) (w.e.f. 30-12-1963).
Section 3 The Delhi Development Authority.
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act an authority to be called the Delhi Development Authority (hereinafter referred to as the Authority).
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:--
(a) a chairman who shall be the 1[Lieutenant Governor] of the 2[National Capital Territory of Delhi], ex officio;
(b) a vice-chairman to be appointed by the Central Government;
(c) a finance and accounts member to be appointed by the Central Government;
(d) an engineer member to be appointed by the Central Government;
(e) as and when the Municipal Corporation of Delhi is established, two representatives of that Corporation to be elected by the councillors and aldermen of the Corporation from among themselves;
3[(f) three representatives of the Legislative Assembly of the National Capital Territory of Delhi to be elected by means of a single transferable vote by the members of the Legislative Assembly from among themselves of which two shall be from among the ruling party and one from the party in opposition to the Government:
Provided that no member of the Council of Ministers for the Government of National Capital Territory of Delhi shall be eligible to be elected to the Authority.
Explanation.--For the purposes of this clause, "ruling party" and "party in opposition to Government" shall mean the ruling party and the party in opposition to the Government recognised as such by the Speaker of the Legislative Assembly of the National Capital Territory of Delhi;]
4[(g) three other persons to be nominated by the Central Government, of whom one shall be a person with experience of town planning or architecture; and]
(h) the Commisioner of the Municipal Corporation of Delhi, ex officio.
5[(3A) The appointment of the vice-chairman may be either whole-time or part-time as the Central Government may think fit but the appointment of the finance and accounts member and the engineer member shall be whole-time.]
6[(4) The vice-chairman, if he is a whole-time member, the finance and accounts member and the engineer member shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf.
(5) The vice-chairman, if he is a part-time member, and other members specified in clause (e), clause (f) and clause (g) of sub-section (3) may be paid from the funds of the Authority such allowances, if any, as may be fixed by the Central Government in this behalf.]
(6) The vice-chairman, the finance and accounts member, the engineer member and the 7[three members] referred to in clause (g) of sub-section (3) shall hold office during the pleasure of the Central Government 8***.
9[(7) An elected member shall hold office for a term of five years from the date of his election to the Authority and shall be eligible for re-election:
Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.]
(9) A member other than an ex officio member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government.
(10) No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the Authority.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:--
(a) a chairman who shall be the 1[Lieutenant Governor] of the 2[National Capital Territory of Delhi], ex officio;
(b) a vice-chairman to be appointed by the Central Government;
(c) a finance and accounts member to be appointed by the Central Government;
(d) an engineer member to be appointed by the Central Government;
(e) as and when the Municipal Corporation of Delhi is established, two representatives of that Corporation to be elected by the councillors and aldermen of the Corporation from among themselves;
3[(f) three representatives of the Legislative Assembly of the National Capital Territory of Delhi to be elected by means of a single transferable vote by the members of the Legislative Assembly from among themselves of which two shall be from among the ruling party and one from the party in opposition to the Government:
Provided that no member of the Council of Ministers for the Government of National Capital Territory of Delhi shall be eligible to be elected to the Authority.
Explanation.--For the purposes of this clause, "ruling party" and "party in opposition to Government" shall mean the ruling party and the party in opposition to the Government recognised as such by the Speaker of the Legislative Assembly of the National Capital Territory of Delhi;]
4[(g) three other persons to be nominated by the Central Government, of whom one shall be a person with experience of town planning or architecture; and]
(h) the Commisioner of the Municipal Corporation of Delhi, ex officio.
5[(3A) The appointment of the vice-chairman may be either whole-time or part-time as the Central Government may think fit but the appointment of the finance and accounts member and the engineer member shall be whole-time.]
6[(4) The vice-chairman, if he is a whole-time member, the finance and accounts member and the engineer member shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf.
(5) The vice-chairman, if he is a part-time member, and other members specified in clause (e), clause (f) and clause (g) of sub-section (3) may be paid from the funds of the Authority such allowances, if any, as may be fixed by the Central Government in this behalf.]
(6) The vice-chairman, the finance and accounts member, the engineer member and the 7[three members] referred to in clause (g) of sub-section (3) shall hold office during the pleasure of the Central Government 8***.
9[(7) An elected member shall hold office for a term of five years from the date of his election to the Authority and shall be eligible for re-election:
Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.]
(9) A member other than an ex officio member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government.
(10) No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the Authority.
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 Subs. by s. 3, ibid., for clause (f) (w.e.f. 21-12-1996).
4 Subs. by Act 56 of 1963, s. 3, for clause (g) (w.e.f. 30-12-1963).
5 Ins. by Act 56 of 1963, s. 3 (w.e.f. 30-12-1963).
6 Subs. by s. 3, ibid., for sub-sections (4) and (5) (w.e.f. 30-12-1963).
7 Subs. by s. 3, ibid., for "two members" (w.e.f. 30-12-1963).
8. Certain words, brackets and letter omitted by Act 19 of 1966, s. 36 (w.e.f. 7-9-1966).
9 Subs. by s. 36, ibid., for sub-sections (7) and (8) (w.e.f. 7-9-1966).
2 Subs. by s. 2, ibid., for "Union territory of Delhi" (w.e.f. 21-12-1996).
3 Subs. by s. 3, ibid., for clause (f) (w.e.f. 21-12-1996).
4 Subs. by Act 56 of 1963, s. 3, for clause (g) (w.e.f. 30-12-1963).
5 Ins. by Act 56 of 1963, s. 3 (w.e.f. 30-12-1963).
6 Subs. by s. 3, ibid., for sub-sections (4) and (5) (w.e.f. 30-12-1963).
7 Subs. by s. 3, ibid., for "two members" (w.e.f. 30-12-1963).
8. Certain words, brackets and letter omitted by Act 19 of 1966, s. 36 (w.e.f. 7-9-1966).
9 Subs. by s. 36, ibid., for sub-sections (7) and (8) (w.e.f. 7-9-1966).
Section 4 Staff of the Authority. 1 docs
(1) The Central Government may appoint two suitable persons respectively as the secretary and the chief accounts officer of the Authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority or the chairman.
(2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designations and grades.
(3) The secretary, chief accounts officer and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designations and grades.
(3) The secretary, chief accounts officer and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
Section 5 Advisory Council.
(1) The Authority shall, as soon as may be, constitute an advisory council for the purpose of advising the Authority on the preparation of the master plan and 1[on such other matters relating to the planning of development, or] arising out of, or in connection with, the administration of this Act as may be referred to it by the Authority.
(2) The advisory council shall consist of the following members, namely:--
(a) the chairman of the Authority, ex officio, who shall be the president;
(b) two persons with knowledge of town planning or architecture to be nominated by the Central Government;
(c) one representative of the Health Services of Delhi administration to be nominated by the Central Government;
(d) four representatives of the Municipal Corporation of Delhi to be elected by the councillors and aldermen from among themselves;
2[(e) two persons representing the Delhi Electric Supply Committee and the Delhi Water Supply and Sewage Disposal Committee of the said Corporation, of whom--
(i) one shall be elected by the members of the Delhi Electric Supply Committee from among themselves; and
(ii) one shall be elected by the members of the Delhi Water Supply and Sewage Disposal Committee from among themselves;
(ee) one representative of the Delhi Transport Corporation to be nominated by the Central Government;]
(f) three persons to be nominated by the Central Government of whom one shall represents the interests of commerce and industry and one, the interests of labour, in Delhi;
(g) four persons from the technical departments of the Central Government to be nominated by that Government; and
(h) three members of Parliament of whom two shall be members of the House of the People and one shall be a member of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States.
(3) The Council shall meet as and when necessary and shall have the power to regulate its own procedure.
(4) An elected member shall hold office for a term of four years from the date of his election to the council and shall be eligible for re-election:
Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.
(2) The advisory council shall consist of the following members, namely:--
(a) the chairman of the Authority, ex officio, who shall be the president;
(b) two persons with knowledge of town planning or architecture to be nominated by the Central Government;
(c) one representative of the Health Services of Delhi administration to be nominated by the Central Government;
(d) four representatives of the Municipal Corporation of Delhi to be elected by the councillors and aldermen from among themselves;
2[(e) two persons representing the Delhi Electric Supply Committee and the Delhi Water Supply and Sewage Disposal Committee of the said Corporation, of whom--
(i) one shall be elected by the members of the Delhi Electric Supply Committee from among themselves; and
(ii) one shall be elected by the members of the Delhi Water Supply and Sewage Disposal Committee from among themselves;
(ee) one representative of the Delhi Transport Corporation to be nominated by the Central Government;]
(f) three persons to be nominated by the Central Government of whom one shall represents the interests of commerce and industry and one, the interests of labour, in Delhi;
(g) four persons from the technical departments of the Central Government to be nominated by that Government; and
(h) three members of Parliament of whom two shall be members of the House of the People and one shall be a member of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States.
(3) The Council shall meet as and when necessary and shall have the power to regulate its own procedure.
(4) An elected member shall hold office for a term of four years from the date of his election to the council and shall be eligible for re-election:
Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.
1. Subs. by Act 56 of 1963, s. 4, for certain words (w.e.f. 30-12-1963).
2. Subs. by Act 38 of 1984, s. 2, for clause (e) (w.e.f. 12-53-1985).
2. Subs. by Act 38 of 1984, s. 2, for clause (e) (w.e.f. 12-53-1985).
Section 5A Constitution of committees.
1[5A. Constitution of committees.--(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or purposes as it may think fit.
(2) A committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.
(3) The members of a committee (other than the members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.]
(2) A committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.
(3) The members of a committee (other than the members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.]
1. Ins. by Act 56 of 1963, s. 5 (w.e.f. 30-12-1963).
Section 6 Objects of the Authority.
The objects of the Authority shall be to promote and secure the development of Delhi according to plan and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:
Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
Section 7 Civic survey of, and master plan for, Delhi.
(1) The Authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, Delhi.
(2) The master plan shall--
(a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.
1[(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.]
(2) The master plan shall--
(a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.
1[(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.]
1. Ins. by Act 56 of 1963, s. 6 (w.e.f. 30-12-1963).
Section 8 Zonal development plans.
(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may be divided.
(2) A zonal development plan may--
(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land-uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;
(b) specify the standards of population density and building density;
(c) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or redevelopment; and
(d) in particular, contain provisions regarding all or any of the following matters, namely:--
(i) the division of any site into plots for the erection of buildings;
(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;
(v) the alignment of buildings on any site;
(vi) the architectural features of the elevation or front age of any building to be erected on any site;
(vii) the number of residential buildings which may be erected on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality;
(x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and
(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
(2) A zonal development plan may--
(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land-uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;
(b) specify the standards of population density and building density;
(c) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or redevelopment; and
(d) in particular, contain provisions regarding all or any of the following matters, namely:--
(i) the division of any site into plots for the erection of buildings;
(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;
(v) the alignment of buildings on any site;
(vi) the architectural features of the elevation or front age of any building to be erected on any site;
(vii) the number of residential buildings which may be erected on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality;
(x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and
(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
Section 9 Submission of plans to the Central Government for approval.
(1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone.
(2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.
(2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.
Section 10 Procedure to be followed in the preparation and approval of plans.
(1) Before preparing any plan finally and submitting it to the Central Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.
(2) The Authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the Central Government for its approval.
(4) Provisions may be made by rules made in this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in connection with the preparation, submission and approval of such plan.
(5) Subject to the foregoing provisions of this section the Central Government may direct the Authority to furnish such information as that Government may require for the purpose of approving any plan submitted to it under this section.
(2) The Authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the Central Government for its approval.
(4) Provisions may be made by rules made in this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in connection with the preparation, submission and approval of such plan.
(5) Subject to the foregoing provisions of this section the Central Government may direct the Authority to furnish such information as that Government may require for the purpose of approving any plan submitted to it under this section.
Section 11 Date of operation of plan.
Immediately after a plan has been approved by the Central Government, the Authority shall publish in such manner as may be prescribed by regulations a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation.
Section 11A Modifications to plan.
1[11A. Modifications to plan.--(1) The Authority may make any modifications to the master plan or the zonal development plan as it thinks fit, being modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of land-uses or the standards of population density.
(2) The Central Government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in sub-section (1) or otherwise.
(3) Before making any modifications to the plan, the Authority or, as the case may be, the Central Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Central Government.
(4) Every modification made under the provisions of this section shall be published in such manner as the Authority or the Central Government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the Authority or the Central Government may fix.
(5) When the Authority makes any modifications to the plan under sub-section (1), it shall report to the Central Government the full particulars of such modifications within thirty days of the date on which such modifications come into operation.
(6) If any question arises whether the modifications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the Central Government whose decision thereon shall be final.
(7) Any reference in any other Chapter, except Chapter III, to the master plan or the zonal development plan shall be construed as a reference to the master plan or the zonal development plan as modified under the provisions of this section.]
(2) The Central Government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in sub-section (1) or otherwise.
(3) Before making any modifications to the plan, the Authority or, as the case may be, the Central Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Central Government.
(4) Every modification made under the provisions of this section shall be published in such manner as the Authority or the Central Government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the Authority or the Central Government may fix.
(5) When the Authority makes any modifications to the plan under sub-section (1), it shall report to the Central Government the full particulars of such modifications within thirty days of the date on which such modifications come into operation.
(6) If any question arises whether the modifications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the Central Government whose decision thereon shall be final.
(7) Any reference in any other Chapter, except Chapter III, to the master plan or the zonal development plan shall be construed as a reference to the master plan or the zonal development plan as modified under the provisions of this section.]
1. Ins. by Act 56 of 1963, s. 7 (w.e.f. 30-12-1963).
Section 12 Declaration of development areas and development of land in those and other areas.
1[(1) As soon as may be after the commencement of this Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act:
Provided that no such declaration shall be made unless a proposal for such declaration has been referred by the Central Government to the Authority and the Municipal Corporation of Delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the Central Government may allow and the period so specified or allowed has expired.]
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(3) After the commencement of this Act no development of land shall be undertaken or carried out in any area by any person or body (including a department of Government) unless,--
(i) where that area is a development area, permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act;
(ii) where that area is an area other than a development area, approval of, or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made, in accordance with the provisions of the regulations relating to the grant of permission for development made under the Delhi (Control of Building Operations) Act, 1955 (53 of 1955), and in force immediately before the commencement of this Act:
Provided that the local authority concerned may 2[subject to the provisions of section 53A] amend those regulations in their application to such area.
(4) After the coming into operation of any of the plans in any area no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.
(5) Notwithstanding anything contained in sub-sections (3) and (4) development of any land begun by any department of Government or any local authority before the commencement of this Act may be completed by that department or local authority without compliance with the requirements of those sub-sections.
Provided that no such declaration shall be made unless a proposal for such declaration has been referred by the Central Government to the Authority and the Municipal Corporation of Delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the Central Government may allow and the period so specified or allowed has expired.]
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(3) After the commencement of this Act no development of land shall be undertaken or carried out in any area by any person or body (including a department of Government) unless,--
(i) where that area is a development area, permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act;
(ii) where that area is an area other than a development area, approval of, or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made, in accordance with the provisions of the regulations relating to the grant of permission for development made under the Delhi (Control of Building Operations) Act, 1955 (53 of 1955), and in force immediately before the commencement of this Act:
Provided that the local authority concerned may 2[subject to the provisions of section 53A] amend those regulations in their application to such area.
(4) After the coming into operation of any of the plans in any area no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.
(5) Notwithstanding anything contained in sub-sections (3) and (4) development of any land begun by any department of Government or any local authority before the commencement of this Act may be completed by that department or local authority without compliance with the requirements of those sub-sections.
1. Subs. by Act 56 of 1963, s. 8, for sub-section (1) (w.e.f. 30-12-1963).
2. Ins. by s. 8, ibid. (w.e.f. 30-12-1963).
2. Ins. by s. 8, ibid. (w.e.f. 30-12-1963).
Section 13 Application for permission.
(1) Every person or body (including a department of Government) desiring to obtain the permission referred to in section 12 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules:
Provided that no such fee shall be necessary in the case of an application made by a department of the Government.
(3) On the receipt of an application for permission under sub-section (1), the Authority after making such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations.
(5) The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section.
(6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.
(7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as to it may seem proper in the circumstances of the case.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules:
Provided that no such fee shall be necessary in the case of an application made by a department of the Government.
(3) On the receipt of an application for permission under sub-section (1), the Authority after making such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations.
(5) The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section.
(6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.
(7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as to it may seem proper in the circumstances of the case.
Section 14 User of land and buildings in contravention of plans.
After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:
Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by regulations made in this behalf any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.
Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by regulations made in this behalf any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.
Section 15 Compulsory acquisition of land.
1[15. Compulsory acquisition of land.--(1) If in the opinion of the Central Government, any land is required for the purpose of development, or for any other purpose, under this Act, the Central Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894). (2) Where any land has been acquired by the Central Government, that Government may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition.]
1. Subs. by Act 56 of 1963, s. 9, for section 15 (w.e.f. 30-12-1963).
Section 16 [Omitted.].
[Compensation for compulsory acquisition of land.] Omitted by the Delhi Development (Amendment) Act, 1960 (56 of 1963), s. 10 (w.e.f. 30-12-1963).
Section 17 [Omitted.].
[Appeal to the district judge against decision of the collector.] Omitted by the Delhi Development (Amendment) Act, 1963 (56 of 1963), s. 10 (w.e.f. 30-12-1963).
Section 18 [Omitted.].
[Disputes as to apportionment of the compensation.] Omitted by s. 10, ibid. (w.e.f. 30-12-1963).