The Delhi Development Act, 1957
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 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.
Section 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.
(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.
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).
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).
Section 34A Certain offences to be cognizable.
1[34A. Certain offences to be cognizable.—2[The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall apply to an offence under sub-clause (a) of 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 3[section 39 of that Sanhita], 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 4[Lieutenant Governor] of the 5[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 4[Lieutenant Governor] of the 5[National capital territory of Delhi], if the offence is committed in relation to any area within the local limits of that Corporation; or
(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. Ins. by Act 38 of 1984, s. 7 (w.e.f. 24-2-1986).
2. Subs. by Act 8 of 2026, s. 2 and Sch., for “The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under
sub-section (1) of section 29” (w.e.f. 1-8-2026).
3. Subs. by s. 2 and Sch., ibid., for “section 21 of the Indian Penal Code (45 of 1860)” (w.e.f. 1-8-2026).
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).
Section 35 Default powers of the Authority.
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.]
(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.]
1. Subs. by Act 56 of 1963, s. 17, for section 35 (w.e.f. 30-12-1963).
Section 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.
Section 37 Power of Authority to levy betterment charges.
1[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, 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.]
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, 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.]
1. Subs. by s. 18, ibid., for section 37 (w.e.f. 30-12-1963).
Section 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.
(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.
Section 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.
(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.
(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.
(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.
1.Ins. by Act 56 of 1963, s. 19 (w.e.f. 30-12-1963).
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.
(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue.
Section 40A Mode of recovery of moneys due to Authority.
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.]
1. Ins. by Act 56 of 1963, s. 20 (w.e.f. 30-12-1963).
Section 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.
1[(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.]
(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.
1[(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.]
1. Ins. by s. 21, ibid. (w.e.f. 30-12-1963).
Section 42 Returns and inspection.
1[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.]
(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.]
1. Subs. by s. 22, ibid., for section 42 (w.e.f. 30-12-1963).
Section 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;
(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.
(a) where the person to be served is a company if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either--
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its 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.
1.Subs. by Act 36 of 1996, s. 2, for "Union territory of Delhi" (w.e.f. 21-12-1996).
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.
Section 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.
Section 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.
Section 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 1[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “section 21 of the Indian Penal Code (45 of 1860)” (w.e.f. 1-8-2026).
Section 48 Jurisdiction of courts.
No court inferior to that of a 1[Metropolitan Magistrate] shall try an offence punishable under this Act.
1. Subs. by Act 38 of 1984, s. 8, for "magistrate of the first class" (w.e.f. 12-3-1985).
Section 49 Sanction of prosecution.
1[(1)] No prosecution for any offence punishable under this Act 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* * * * *
1. S. 49 renumbered as sub-section (1) of that section by Act 56 of 1963, s. 23 (w.e.f. 30-12-1963).
2. The words “other than an offence referred to in sub-section (2)” omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).
3. Sub-section (2) omitted by s. 2 and Sch., ibid. (w.e.f. 1-8-2026)
Section 50 Magistrate’s power to impose enhanced penalties.
Notwithstanding anything contained in 1[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.
1.Subs. by Act 38 of 1984, s. 9, for certain words and figures (w.e.f. 12-3-1985).