The Delhi Municipal Corporation Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of States
Section 425 Improvement scheme.
(a) that the buildings in that area are by reason or disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation of proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and
(b) that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
Section 426 Matters to be provided for in an improvement scheme.
(a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 1894), of any property necessary for or affected by the execution of the scheme;
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of buildings or portions of buildings unfit for human habitation;
(e) the demotion of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other conveniences;
(i) the provision of open spaces for the benefit of any area comprised in the scheme;
(j) the sanitary arrangements required for the area comprised in the scheme;
(k) the provision of accommodation for any class of the inhabitants;
(l) the provision of facilities for communication;
(m) the sale, letting or exchange of any property comprised in the scheme;
(n) any other matter for which, in the opinion of the Commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates.
(2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the 1[Government] under sub-section (2) of section 427, the land is not acquired by the Commissioner, the owner of the land may serve on the Commissioner a notice requiring his interest in the land to be so acquired.
(3) If the Commissioner fails to acquire the land with a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Commissioner or were not required to be kept as an open space.
Section 427 Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction.
(2) No improvement scheme approved by 1[2[the Corporation]] under sub-section (1) shall be valid unless it has been sanctioned by the Central Government.
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
Section 428 Rehousing scheme.
Section 429 Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
Section 430 Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
(a) the date of the grant thereof;
(b) the purpose and the period (if any) for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.
(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Commissioner with the sanction of 1[2[the Corporation]] and such fee shall be payable by the person to whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written permission granted under this Act or any bye-law made thereunder may at any time be suspended or revoked by the Commissioner or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted.
Provided that--
(a) before making any order of suspension or revocation reasonable opportunity should be accorded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked;
(b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.
(4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.
(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Commissioner or the authority by whom it was granted, produce such licence or written permission.
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
Section 431 Powers of entry and inspection.
(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Commissioner, 1 *** 2 *** or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder;
(c) for the purpose of taking any action or executing any work authorised or required by this Act or any bye-law made thereunder;
(d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this Act;
(e) generally for the purpose of efficient discharge of the functions by any of the municipal authorised under this Act or any bye-law made thereunder.
2. The words and brackets "or the General Manager (Transport)" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
3. Subs. by Act 67 of 1993, s. 102, for "any of the aforesaid municipal authorities" (w.e.f. 1-10-1993).
Section 432 Power to enter land adjoining land in relation to any work.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by 2[3[the Corporation]] in accordance with bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.
2. Subs. by Delhi Act 12 of 2011, s. 2, for “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).
Section 433 Breaking into buildings.
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Commissioner, 2 *** 3 *** or the person authorised or empowered in this behalf, shall call upon two or more respectable in habitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A report shall be made to the Standing Committee as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.
2. The words and brackets ", the General Manager (Electricity)" omitted by Act 67 of 1993, s. 104 (w.e.f. 1-10-1993).
3. The words and brackets "or the General Manager (Transport)" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
Section 434 Time of making entry.
Section 435 Consent ordinarily to be obtained.
Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 417 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.
Section 436 Regard to be had to social or religious usages.
Section 437 Prohibition of obstruction in execution of work.
Prohibition of obstruction 1*** in execution of work.---No person shall obstruct 2*** any person authorised or empowered by or under this Act or any person with whom 3[4[the Corporation]] or any of the municipal authorities specified in section 44 has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or inconsequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
1. The words “or molestation” omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-5-2026).
2. The words “or molest” omitted by s. 2 and Sch., ibid. (w.e.f. 15-5-2026).
Section 438 Public notices how to be made known.
2. Subs. by s. 105, ibid., for "appropriate municipal authority" (w.e.f. 1-10-1993).
Section 439 Newspaper in which advertisements or notices to be published.
Provided that if 1[2[the Corporation]] publishers a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
Section 440 Proof of consent etc., of Commissioner, General Managers, etc.
Section 441 Notices, etc., to fix reasonable time.
Section 442 Signature on notices, etc., may be stamped
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund under section 101.
Section 443 Notices, etc., by whom to be served or issued.
Section 444 Service of notices, etc.
(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 the 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, 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 Union 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, if any, to which it relates, or
(iii) is sent by registered post to that person.
3[(1A) The service of notices, summons and other documents referred to in sub-section (1) may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by any other means of transmission of documents (including fax message or electronic mail service) as may be provided by rules made by the High Court.]
(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 premises the Commissioner may by notice in writing require the occupier of the premises 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) Nothing in sections 442 and 443 and in this section shall apply to any summons issued under this Act by a court.
(7) A servant is not a member of the family within the meaning of this section.
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Ins. by Act 10 of 2022, s. 10 (w.e.f. 22-5-2022).