THE DELHI DEVELOPMENT ACT, 1957                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

THE DELHI DEVELOPMENT AUTHORITY AND ITS OBJECTS 

3. The Delhi Development Authority. 

4. Staff of the Authority. 

5. Advisory Council. 

5A. Constitution of committees. 

6. Objects of the Authority. 

CHAPTER III 

MASTER PLAN AND ZONAL DEVELOPMENT PLANS 

7. Civic survey of, and master plan for, Delhi. 

8. Zonal development plans. 

9. Submission of plans to the Central Government for approval. 

10. Procedure to be followed in the preparation and approval of plans. 

11. Date of operation of plan. 

CHAPTER IIIA 

MODIFICATIONS TO THE MASTER PLAN AND THE ZONAL DEVELOPMENT PLAN 

11A. Modifications to plan. 

CHAPTER IV 

DEVELOPMENT OF LANDS 

12. Declaration of development areas and development of land in those and other areas. 

13. Application for permission. 

14. User of land and buildings in contravention of plans. 

CHAPTER V 

ACQUISITION AND DISPOSAL OF LAND 

15. Compulsory acquisition of land. 

16. [Omitted.]. 

17. [Omitted.]. 

18. [Omitted.]. 

19. [Omitted.]. 

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SECTIONS 

20. [Omitted.]. 

21. Disposal of land by the Authority or the local authority concerned. 

22. Nazul lands. 

22A. Power of Authority to develop land in non-development area. 

CHAPTER VI 

FINANCE, ACCOUNTS AND AUDIT 

23. Fund of the Authority. 

24. Budget of the Authority. 

25. Accounts and audit. 

26. Annual report. 

27. Pension and provident funds. 

CHAPTER VII 

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS 

28. Powers of entry. 

29. Penalties. 

30. Order of demolition of building. 

31. Power to stop development. 

31A. Power to seal unauthorised development. 

31B. Appellate Tribunal. 

31C. Appeals. 

31D. Appeals against orders of Appellate Tribunal. 

31E. Bar of jurisdiction of courts. 

32. Offences by companies. 

33. Fines when realised to be paid to Authority or local authority concerned. 

34. Composition of offences. 

34A. Certain offences to be cognizable. 

35. Default powers of the Authority. 

36.  Power  of  Authority  to  require  local  authority  to  assume  responsibility  for  amenities  in  certain 

cases. 

37. Power of Authority to levy betterment charges. 

38. Assessment of betterment charge by Authority. 

39. Settlement of betterment charge by arbitrators. 

40. Payment of betterment charge. 

40A. Mode of recovery of moneys due to Authority. 

41. Control by Central Government. 

42. Returns and inspection. 

43. Service of notices, etc. 

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SECTIONS 

44. Public notice how to be made known. 

45. Notices, etc., to fix reasonable time. 

46. Authentication of orders and documents of the Authority. 

47. Members and officers to be public servants. 

48. Jurisdiction of courts. 

49. Sanction of prosecution. 

50. Magistrate’s power to impose enhanced penalties. 

51. Protection of action taken in good faith. 

52. Power to delegate. 

53. Effect of other laws. 

53A.  Restriction  on power  of  a local  authority  to  make  rules, regulations  or  bye-laws  in  respect  of 

certain matters. 

53B. Notice to be given of suits.  

54. Savings. 

55. Plans to stand modified in certain cases. 

56. Power to make rules. 

57. Power to make regulations. 

58. Laying of rules and regulations before Parliament. 

59. Dissolution of the Authority. 

60. Repeal, etc., and savings. 

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THE DELHI DEVELOPMENT ACT, 1957 

ACT NO. 61 OF 1957 

An  Act  to  provide  for  the  development  of  Delhi  according  to  plan  and  for  matters  ancillary 

thereto. 

BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:— 

[27th December, 1957.] 

CHAPTER I 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(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. 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, 

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. 

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(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).] 

CHAPTER II 
THE DELHI DEVELOPMENT AUTHORITY AND ITS OBJECTS 

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  2[Lieutenant  Governor]  of  the  3[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; 

4[(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;] 

5[(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. 

1. Subs. by Act 56 of 1963, s. 2, for clause (l) (w.e.f. 30-12-1963). 
2. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
3. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996). 
4. Subs. by s. 3, ibid., for clause (f) (w.e.f. 21-12-1996). 
5. Subs. by Act 56 of 1963, s. 3, for clause (g) (w.e.f. 30-12-1963). 

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1[(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.] 

2[(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  3[three 
members] referred to in clause (g) of sub-section (3) shall hold office during the pleasure of the Central 
Government 4***. 

5[(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. 

4.  Staff  of  the  Authority.—(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. 

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 6[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; 

1. Ins. by Act 56 of 1963, s. 3 (w.e.f. 30-12-1963). 
2. Subs. by s. 3, ibid., for sub-sections (4) and (5) (w.e.f. 30-12-1963). 
3. Subs. by s. 3, ibid., for “two members” (w.e.f. 30-12-1963). 
4. Certain words, brackets and letter omitted by Act 19 of 1966, s. 36 (w.e.f. 7-9-1966). 
5. Subs. by s. 36, ibid., for sub-sections (7) and (8) (w.e.f. 7-9-1966). 
6. Subs. by Act 56 of 1963, s. 4, for certain words (w.e.f. 30-12-1963). 

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(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; 

1[(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[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.] 

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. 

1. Subs. by Act 38 of 1984, s. 2, for clause (e) (w.e.f. 12-53-1985). 
2. Ins. by Act 56 of 1963, s. 5 (w.e.f. 30-12-1963). 

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CHAPTER III 
MASTER PLAN AND ZONAL DEVELOPMENT PLANS 

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.] 

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; 

1. Ins. by Act 56 of 1963, s. 6 (w.e.f. 30-12-1963). 

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(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. 

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. 

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. 

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. 

1[CHAPTER IIIA 
MODIFICATIONS TO THE MASTER PLAN AND THE ZONAL DEVELOPMENT PLAN 

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. 

1. Ins. by Act 56 of 1963, s. 7 (w.e.f. 30-12-1963). 

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(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.] 

CHAPTER IV 
DEVELOPMENT OF LANDS 

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. 

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). 

10 

 
                                                           
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. 

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. 

CHAPTER V 
ACQUISITION AND DISPOSAL 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.] 

16.  [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). 

1. Subs. by Act 56 of 1963, s. 9, for section 15 (w.e.f. 30-12-1963). 

11 

 
 
                                                           
17. [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). 

18. [Disputes as to apportionment of the compensation.] Omitted by s. 10, ibid. (w.e.f. 30-12-1963). 

19.  [Payment  of  compensation  or  deposit  of  the  same  in  court.]  Omitted  by  s.  10,  ibid.                 

(w.e.f. 30-12-1963). 

20.  [Investment  of  the  amount  of  compensation  deposited  in  court.]  Omitted  by  s.  10,  ibid.            

(w.e.f. 30-12-1963). 

21.  Disposal  of  land  by  the  Authority  or  the  local  authority  concerned.—(1)  Subject  to  any 
directions given by the Central Government under this Act, the Authority or, as the case may be, the local 
authority concerned may dispose of— 

(a)  any  land  acquired  by  the  Central  Government  and  transferred  to  it,  without  undertaking  or 

carrying out any development thereon; or 

(b) any such land after undertaking or carrying out such development as it thinks fit, 

to  such  persons, in  such  manner  and subject to  such terms  and conditions  as it considers  expedient  for 
securing the development of Delhi according to plan. 

(2) The powers of the Authority or, as the case may be, the local authority concerned with respect to 
the  disposal  of  land  under  sub-section  (1)  shall  be  so  exercised  as  to  secure,  so  far  as  practicable,  that 
persons who are living or carrying on business or other activities on the land shall, if they desire to obtain 
accommodation  on  land  belonging  to  the  Authority  or  the  local  authority  concerned  and  are  willing  to 
comply with any requirements of the Authority or the local authority concerned as to its development and 
use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on 
terms settled with due regard to the price at which any such land has been acquired from them: 

Provided that where the Authority or the local authority concerned proposes to dispose of by sale any 
land without any development having been undertaken or carried out thereon, it shall offer the land in the 
first  instance  to  the  persons  from  whom  it  was  acquired,  if  they  desire  to  purchase  it  subject  to  such 
requirements as to its development and use as the Authority or the local authority concerned may think fit 
to impose. 

(3) Nothing in this Act shall be construed as enabling the Authority or the local authority concerned 
to dispose of land by way of gift, mortgage or charge, but subject as aforesaid reference in this Act to the 
disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of 
sale, exchange or lease or by the creation of any easement right or privilege or otherwise. 

22. Nazul lands.—(1) The Central Government may, by notification in the Official Gazette and upon 
such terms and conditions as may be agreed upon between that Government and the Authority, place at 
the disposal of the Authority all or any developed  and undeveloped lands in Delhi vested in the Union 
(known and hereinafter referred to as “nazul lands”) for the purpose of development in accordance with 
the provisions of this Act. 

(2)  No  development  of  any  nazul  land  shall  be  undertaken  or  carried  out  except  by,  or  under  the 
control and supervision of, the Authority after such land has been placed at the disposal of the Authority 
under sub-section (1). 

(3)  After  any  such  nazul  land  has  been  developed  by,  or  under  the  control  and  supervision  of,  the 
Authority, it shall be dealt with by the Authority in accordance with rules made and directions given by 
the Central Government in this behalf. 

(4) If any nazul land placed at the disposal of the Authority under sub-section (1) is required at any 
time  thereafter  by  the  Central  Government,  the  Authority  shall,  by  notification  in  the  Official  Gazette, 
replace  it  at  the  disposal  of  that  Government  upon  such  terms  and  conditions  as  may  be  agreed  upon 
between that Government and the Authority. 

12 

 
1[22A. Power of Authority to develop land in non-development area.—Notwithstanding anything 
contained in sub-section (2) of section 12, the Authority may, if it is of opinion that it is expedient to do 
so, undertake or carry out any development of any land which has been  transferred to it or placed at its 
disposal under section 15 or section 22 even if such land is situate in any area which is not a development 
area.] 

CHAPTER VI 
FINANCE, ACCOUNTS AND AUDIT 

23. Fund of the Authority.—(1) The Authority shall have and maintain its own fund to which shall 

be credited— 

(a) all moneys received by the Authority from the Central Government by way of grants, loans, 

advances or otherwise; 

2[(aa) all moneys borrowed by the Authority from sources other than the Central Government by 

way of loans or debentures;] 

(b) all fees and charges received by the Authority under this Act; 

(c)  all  moneys  received  by  the  Authority  from  the  disposal  of  lands,  buildings  and  other 

properties, movable and immovable; and 

(d) all moneys received by the Authority by way of rents and profits or in any other manner or 

from any other source. 

(2)  The  fund  shall  be  applied  towards  meeting  the  expenses  incurred  by  the  Authority  in  the 

administration of this Act and for no other purposes. 

(3) The Authority may keep in current account of the State Bank of India or any other bank approved 
by the Central Government in this behalf such sum of money out of its fund as may be prescribed by rules 
and any money in excess of the said sum shall be invested in such manner as may be approved by the 
Central Government. 

(4) The Central Government may, after due appropriation made by Parliament by law in this behalf, 
make such grants, advances and loans to the Authority as that Government may deem necessary for the 
performance  of  the  functions  of  the  Authority  under this  Act;  and  all  grants,  loans  and  advances  made 
shall be on such terms and conditions as the Central Government may determine. 

2[(5) The Authority may borrow money by way of loans or debentures from such sources (other than 
the  Central  Government)  and  on  such  terms  and  conditions  as  may  be  approved  by  the  Central 
Government. 

(6)  The  Authority  shall  maintain  a  sinking  fund  for  the  repayment  of  moneys  borrowed  under         

sub-section  (5),  and  shall  pay  every  year  into  the  sinking  fund  such  sum  as  may  be  sufficient  for 
repayment within the period fixed of all moneys so borrowed. 

(7) The sinking fund or any part thereof shall be applied in, or towards, the discharge of the loan for 
which such fund was created, and until such loan is wholly discharged it shall not be applied for any other 
purpose.] 

24. Budget of the Authority.—The Authority shall prepare in such form and at such time every year 
as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated 
receipts and expenditure of the Authority and shall forward to the Central Government such number of 
copies thereof as may be prescribed by rules. 

25.  Accounts  and  audit.—(1)  The  Authority  shall  maintain  proper  accounts  and  other  relevant 
records  and  prepare  an  annual  statement  of  accounts  including  the  balance-sheet  in  such  form  as  the 
Central Government may by rules prescribed in consultation with the Comptroller and Auditor-General of 
India. 

1. Ins. by Act 56 of 1963, s. 11 (w.e.f. 30-12-1963). 
2. Ins. by s. 12, ibid. (w.e.f. 30-12-1963). 

13 

 
                                                           
(2)  The  accounts  of  the  Authority  shall  be  subject  to  audit  annually  by  the  Comptroller  and         

Auditor-General  of  India  and  any  expenditure  incurred  by  him  in  connection  with  such  audit  shall  be 
payable by the Authority to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  person  appointed  by  him  in  connection 
with the audit of accounts of the Authority shall have the same right, privilege and authority in connection 
with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the 
Government accounts and, in particular, shall have the right to demand the production of books, accounts, 
connected vouchers and other documents and papers and to inspect the office of the Authority. 

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any 
other  person  appointed  by  him  in  this  behalf  together  with  the  audit  report  thereon  shall  be  forwarded 
annually to the Central Government and that Government shall cause a copy of the same to be laid before 
both Houses of Parliament. 

26. Annual report.—The Authority shall prepare for every year a report of its activities during that 
year and submit the report to the Central Government in such form and on or before such date as may be 
prescribed by rules, and that Government shall cause a copy of the report to be laid before both Houses of 
Parliament. 

27.  Pension  and  provident  funds.—(1)  The  Authority  shall  constitute  for  the  benefit  of  its        

whole-time  paid  members  and  of  its  officers  and  other  employees  in  such  manner  and  subject  to  such 
conditions, as may be prescribed by rules, such pension and provident funds as it may deem fit. 

(2)  Where  any  such  pension  or  provident  fund  has  been  constituted,  the  Central  Government  may 
declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it 
were a Government Provident Fund. 

CHAPTER VII 
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS 

28.  Powers  of  entry.—The  Authority  may  authorise  any  person  to  enter  into  or  upon  any  land  or 

building with or without assistants or workmen for the purpose of— 

(a)  making  any  enquiry,  inspection,  measurement  or  survey  or  taking  levels  of  such  land  or 

building; 

(b) examining works under construction and ascertaining the course of sewers and drains; 

(c) digging or boring into the sub-soil; 

(d) setting out boundaries and intended lines of work; 

(e) making such levels, boundaries and lines by placing marks and cutting trenches; 

(f) ascertaining whether any land is being or has been developed in contravention of the master 
plan or zonal development plan or without the permission referred to in section 12 or in contravention 
of any condition subject to which such permission has been granted; or 

(g) doing any other thing necessary for the efficient administration of this Act: 

Provided that— 

(i) no such entry shall be made except between the hours of sunrise and sunset and without 
giving reasonable notice to the occupier, or if there  be no occupier, to the owner of the land or 
building; 

(ii)  sufficient  opportunity  shall  in  every  instance  be  given  to  enable  women  (if  any)  to 

withdraw from such land or building; 

(iii) due regard shall always be had, so far as may be compatible with the exigencies of the 
purpose  for  which the entry  is  made,  to  the  social and  religious  usages of the occupants of the 
land or building entered. 

14 

 
 
 
29.  Penalties.—(1)  Any  person  who  whether  at  his  own  instance  or  at  the  instance  of  any  other 
person or any body (including a department of Government) undertakes or carries out development of any 
land in contravention of the master plan or zonal development plan or without the permission, approval or 
sanction referred to in section 12 or in contravention of any condition subject to which such permission, 
approval or sanction has been granted, 1[shall be punishable,— 

(a) with rigorous imprisonment which may extend to three years, if such development relates to 
utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a 
lay out plan; and 

(b) with simple imprisonment which may extend to six months, or with fine which may extend to 

five thousand rupees, or with both, in any case, other than those referred to in clause (a).] 

(2) Any person who uses any land or building in contravention of the provisions of section 14 or in 
contravention of any terms and conditions prescribed by regulations under the proviso to that section shall 
be  punishable  with  fine  which  may  extend  to  five  thousand  rupees  2[and  in  the  case  of  a  continuing 
offence, with further fine which may extend to two hundred and fifty rupees for every day during which 
such offence continues after conviction for the first commission of the offence]. 

(3) Any person who obstructs the entry of a person authorised under section 28 to enter into or upon 
any land or building or molests such person after such entry shall be punishable with imprisonment for a 
term  which  may  extend  to  six  months,  or  with  fine which  may  extend to  one thousand  rupees,  or  with 
both. 

30.  Order  of  demolition  of  building.—3[(1)  Where  any  development  has  been  commenced  or  is 
being carried on or has been completed in contravention of the master plan or zonal development plan or 
without  the  permission,  approval  or  sanction  referred  to  in  section  12  or  in  contravention  of  any 
conditions subject to which such permission, approval or sanction has been granted,— 

(i) in relation to a development area, any officer of the Authority empowered by it in this behalf, 

(ii)  in  relation  to  any  other  area  within  the  local  limits  of  a  local  authority,  the  competent 

authority thereof, 

may, in addition to any prosecution that may be instituted under this Act, make an order, directing that 
such  development  shall  be  removed  by  demolition,  filling  or  otherwise  by  the  owner  thereof  or  by  the 
person  at  whose  instance  the  development  has  been  commenced  or  is  being  carried  out  or  has  been 
completed, within such period (not being less than five days and more than fifteen days from the date on 
which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to 
the owner or that person) as may be specified in the order and on his failure to comply with the order, the 
officer  of  the  Authority  or,  as  the  case  may  be,  the  competent  authority  may  remove  or  cause  to  be 
removed  the  development  and  the  expenses  of  such  removal  shall  be  recovered  from  the  owner  or  the 
person at whose instance the development was commenced or was being carried out or was completed as 
arrears of land revenue: 

Provided that no such order shall be made unless the owner or the person concerned has been given a 

reasonable opportunity to show cause why the order should not be made. 

(1A) If any development in an area other than a development area has been commenced or is being 
carried  on  or  has  been  completed  in  contravention  of  the  master  plan  or  zonal  development  plan  or 
without the approval or sanction referred to in section 12 or in contravention of any conditions subject to 
which  such approval  or  sanction  has  been  granted and  the  competent  authority  has  failed  to remove  or 
cause  to  be  removed  the  development  within  the  time  that  may  be  specified  in  this  behalf  by  the 
4[Lieutenant Governor] of the 5[National capital territory of Delhi], the 4[Lieutenant Governor] may, after 
observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove 

1. Subs. by Act 38 of 1984, s. 3, for certain words (w.e.f. 12-3-1985). 
2. Ins. by Act 56 of 1963, s. 13 (w.e.f. 30-12-1963). 
3. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 30-12-1963). 
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
5. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996). 

15 

 
                                                           
or cause to be removed such development and that officer shall be bound to carry out such direction and 
any  expenses  of  such  removal  may  be  recovered  from  the  owner  or  the  person  at  whose  instance  the 
development was commenced or was being carried out or was completed as arrears of land revenue.] 
 1*                                   *                                    *                                 *                                  * 
2[(2A)  Any  person  aggrieved  by  the  direction of the  3[Lieutenant  Governor]  under  sub-section  (1A) 
may  appeal  to  the  Central  Government  within  thirty  days  from  the  date  thereof,  and  the  Central 
Government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss 
the appeal or may reverse or vary any part of the direction.] 

4[(3) The decision of 5[the Central Government on the appeal and subject only to such decision], the 

direction under sub-section (1A), shall be final and shall not be questioned in any court. 

(4) The provisions of this section shall be in addition to, and not in derogation of, any other provision 

relating to demolition of buildings contained in any other law for the time being in force.] 

6[31. Power to stop development.—(1) Where any development in any area has been commenced in 
contravention  of  the  master  plan  or  zonal  development  plan  or  without  the  permission,  approval  or 
sanction referred to in section 12 or in contravention of any conditions subject to which such permission, 
approval or sanction has been granted,— 

(i) in relation to a development area, the Authority or any officer of the Authority empowered by 

it in this behalf, 

(ii)  in  relation  to  any  other  area  within  the  local  limits  of  a  local  authority,  the  competent 

authority thereof, 

may,  in  addition  to  any  prosecution  that  may  be  instituted  under  this  Act,  make  an  order  requiring  the 
development to be discontinued on and from the date of the service of the order, and such order shall be 
complied with accordingly. 

(2) Where such development is not discontinued in pursuance of the order under sub-section (1), the 
Authority or the officer of the Authority or the competent authority, as the case may be, may require any 
police officer to remove the person by whom the development has been commenced and all his assistants 
and  workmen  from  the  place  of  development  7[or  to  seize  any  construction  material,  tool,  machinery, 
scaffolding  or  other  things  used  in  such  development]  within  such  time  as  may  be  specified  in  the 
requisition and such police officer shall comply with the requisition accordingly. 

7[(2A) Any of the things caused to be seized by the Authority or the officer of the Authority or the 
competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to 
take back such things and pays to the Authority, the officer of the Authority or the competent authority, as 
the  case  may  be,  the charges for  the removal  or  storage  of  such  things,  be  disposed of  by  it  or  him  by 
public auction or in such other manner and within such time as the Authority, the officer of the Authority 
or the competent authority thinks fit. 

(2B) The charges for the removal and storage of the things sold under sub-section (2A) shall be paid 
out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold 
on a claim being made therefor within a period of one year from the date of sale, and if no such claim is 
made within the said period, shall be credited to the fund of the Authority or the competent authority, as 
the case may be.] 

1. Omitted by Act 38 of 1984, s. 4 (w.e.f. 12-5-1985). 
2. Ins. by Act 56 of 1963, s. 14 (w.e.f. 30-12-1963). 
3. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
4. Subs. by Act 56 of 1963, s. 14, for sub-section (3) (w.e.f. 30-12-1963). 
5. Subs. by Act 38 of 1984, s. 4, for certain words, brackets and figure (w.e.f. 12-5-1985). 
6. Subs. by Act 56 of 1963, s. 15, for section 31 (w.e.f. 30-12-1963). 
7. Ins. by Act 38 of 1984, s. 5 (w.e.f. 24-2-1986). 

16 

 
 
 
                                                           
(3)  If  any  development  in  an  area  other  than  a  development  area  has  been  commenced  in 
contravention of the master plan or zonal development plan or without the approval or sanction referred to 
in section 12 or in contravention of any conditions subject to which such approval or sanction has been 
granted and the competent authority has failed to make an order under sub-section (1) or, as the case may 
be,  a  requisition  under  sub-section  (2),  within  the  time  that  may  be  specified  in  this  behalf  by  the 
1[Lieutenant  Governor]  of  the  2[National  Capital  Territory  of  Delhi],  the  1[Lieutenant  Governor]  may, 
after  observing  such  procedure  as  may  be  prescribed  by  rules  made  in  this  behalf,  direct  any  officer to 
make  the  order  or  requisition,  as  the  case  may  be,  and  that  officer  shall  be  bound  to  carry  out  such 
direction and the order or requisition made by him in pursuance of the direction shall be complied with 
accordingly. 

(4)  After  the  requisition  under  sub-section  (2)  or  sub-section  (3)  has  been  complied  with,                  

the  Authority  or  the  competent  authority  or  the  officer  to  whom  the  direction  was  issued  by  the 
1[Lieutenant Governor] under sub-section (3), as the case may be, may depute by a written order a police 
officer or an officer or employee of the Authority or local authority concerned to watch the place in order 
to ensure that the development is not continued. 

(5) Any person failing to comply with an order under sub-section (1) or, as the case may be, under 
sub-section  (3),  shall  be  punishable  with  fine  which  may  extend  to  two  hundred  rupees  for  every  day 
during which the non-compliance continues after the service of the order. 

(6)  No  compensation  shall  be  claimable  by  any  person  for  any  damage  which  he  may  sustain  in 
consequence  of  the  removal  of  any  development  under  section  30  or  the  discontinuance  of  the 
development under this section. 

3*                                  *                                        *                                     *                             * 

(8) The provisions of this section shall be in addition to, and not in derogation of, any other provision 

relating to stoppage of building operations contained in any other law for the time being in force.] 

4[31A.  Power  to  seal  unauthorised  development.—(1)  It  shall  be  lawful  for  the  Authority  or  the 
competent authority, as the case may be, at any time, before or after making an order for the removal or 
discontinuance of any development under section 30 or section 31, to make an order directing the sealing 
of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of 
this Act, or for preventing any dispute as to the nature and extent of such development. 

(2)  Where  any  development  has  been  sealed,  the  Authority  or  the  competent  authority,  as  the  case 
may  be,  may,  for  the  purpose  of  removing  or  discontinuing  such  development  order  the  seal  to  be 
removed. 

(3) No person shall remove such seal except— 

(a) under an order made by the Authority or the competent authority under sub-section (2); or 
(b)  under  an  order  of  the  Appellate  Tribunal  or  the 1[Lieutenant  Governor]  of  the 2[National 

Capital Territory of Delhi], made in an appeal under this Act. 

31B.  Appellate  Tribunal.—The  Appellate  Tribunal  or  Appellate  Tribunals  constituted  under      

section  347A  of  the  Delhi  Municipal  Corporation  Act,  1957,  (66  of  1957)  shall  be  deemed  to  be  the 
Appellate Tribunal or Appellate Tribunals for deciding appeals under section 31C, and the provisions of 
section  347A  and  section  347C  of  the  Delhi  Municipal  Corporation  Act,  1957,  and  the  rules  made 
thereunder, shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of 
that Act. 

1. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
2. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996). 
3. Omitted by Act 38 of 1984, s. 5 (w.e.f. 24-2-1986). 
4. Ins. by s. 6, ibid. (w.e.f. 24-2-1986). 

17 

 
 
 
 
                                                           
31C. Appeals.—(1) Any person aggrieved by any of the following orders made under this Act, may 

prefer an appeal to the Appellate Tribunal, namely:— 

(a)  an  order  of  the  Authority  granting  or  refusing  to  grant  permission  for  development  under    

sub-section (3) of section 13; 

(b) an order of the Authority or the local authority disposing of any land under section 21; 

(c) an order of the Authority in the course of dealing with any nazul land developed by it under 

section 22; 

(d) an order of an officer of the Authority or the competent authority made under sub-section (1) 

of section 30, for the removal of any development; 

(e) an order of the Authority or an officer of the Authority, or the competent authority made under 

sub-section (1) of section 31, for discontinuing any development; 

(f)  an  order  of  the  Authority  or  the  competent  authority  made  under  section  31A,  directing  the 

sealing of any development. 

(2) An appeal under this section shall be filed within thirty days from the date of the order appealed 

against: 

Provided  that  the  Appellate  Tribunal  may  entertain  an  appeal  after the  expiry  of  the  said  period  of 

thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a 

copy of the order appealed against and by such fees as may be prescribed by rules. 

31D.  Appeals  against  orders  of  Appellate  Tribunal.—(1)  An  appeal  shall  lie  to  the 1[Lieutenant 
Governor]  of  the 2[National  Capital  Territory  of  Delhi]  against  an  order  of  the  Appellate  Tribunal, 
confirming, modifying or annulling an order of the Authority, officer of the Authority, local authority or 
competent authority, as the case may be, under this Act. 

(2) The provisions of sub-sections (2) and (3) of section 31C and the provisions of section 347C of 
the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the rules made thereunder, shall, so far as 
may  be,  apply  to  the  filing  and  disposal  of  an appeal  under this  section as  they  apply  to the filing  and 
disposal of an appeal under the said section 31C. 

(3) An order of the 1[Lieutenant Governor] on an appeal under this section, and subject only to such 
order, an order of the Appellate Tribunal under section 31C and subject to such orders of the 1[Lieutenant 
Governor] or an Appellate Tribunal, an order of the Authority, officer of the Authority, local authority or 
competent authority referred to in sub-section (1) of that section shall be final. 

Explanation.—In sections 30, 31, 31A and 31D, “competent authority” in relation to a local authority 
means  any  authority  or  officer  of  that  local  authority  empowered  or  authorised  to  order  demolition  or 
stoppage of buildings or works, in accordance with the provisions made by or under the law  governing 
such local authority. 

31E.  Bar  of  jurisdiction  of  courts.—(1)  After  the  commencement  of  section  6  of  the  Delhi 
Development (Amendment) Act, 1984 (38 of 1984), no court shall entertain any suit, application or other 
proceedings  in  respect  of  any  order  appealable under section  31C,  and  no such order  shall be called  in 
question otherwise than by preferring an appeal under that section. 

(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding 
pending  in  any  court  immediately  before  the  commencement  of  section  6  of  the  Delhi  Development 
(Amendment)  Act,  1984  (38  of  1984),  in  respect  of  any  order,  appealable  under  section  31C  shall 
continue to be dealt with and disposed of by that court as if the said section had not been brought into 
force.] 

1. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
2. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996). 

18 

 
                                                           
32. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
every person, who, at the time the offence was committed was in charge of, and was responsible to, the 
company for the conduct of the business of the company, as well as the company, shall be deemed to be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section— 

(a)  “company”  means  a  body  corporate  and  includes  a  firm  or  other  association  of         

individuals; and 

(b) “director” in relation to a firm means a partner in the firm. 

33. Fines when realised to be paid to Authority or local authority concerned.—All fines realised 
in connection with prosecutions under this Act shall be paid to the Authority or, as the case may be, the 
local authority concerned. 

34. Composition of offences.—1[(1) Any offence made punishable by or under this Act may, either 

before or after the institution of proceedings, be compounded— 

(i)  in  the  case  of  an  offence  referred  to  in  sub-section  (2)  of  section  49,  by  the  2[Lieutenant 
Governor] of the 3[National Capital territory of Delhi] or any officer authorised by him in this behalf 
by general or special order; and 

(ii) in any other case, by the Authority or, as the case may be, the local authority concerned or any 

person authorised by the Authority or such local authority by general or special order in this behalf.] 

(2) Where an offence has been compounded, the offender, if in custody shall be discharged and no 

further proceedings shall be taken against him in respect of the offence compounded. 

4[34A.  Certain  offences  to  be  cognizable.—The  Code  of  Criminal  Procedure,  1973  (2  of  1974), 

shall apply to an offence under sub-section (1) of section 29 as if it were a cognizable offence,— 

(i) for the purposes of investigation of such offence, and 

(ii) for the purposes of all matters other than— 

(1) matters referred to in section 42 of that Code, and 

(2) arrest of a person except on the complaint of, or upon information received from:— 

(a) such officer of the Authority not below the rank of a Director as may be appointed by 
the  2[Lieutenant  Governor]  of  the  3[National  capital  territory  of  Delhi],  if  the  offence  is 
committed in relation to a development area; 

(b) such  officer  of  the Municipal  Corporation  of  Delhi  not  below  the  rank  of a  Deputy 
Commissioner as may be  appointed by the  2[Lieutenant Governor] of the  3[National capital 
territory of Delhi], if the offence is committed in relation to any area within the local limits of 
that Corporation; or 

1. Subs. by Act 56 of 1963, s. 16, for sub-section (1) (w.e.f. 30-12-1963). 
2. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
3. Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996). 
4. Ins. by Act 38 of 1984, s. 7 (w.e.f. 24-2-1986). 

19 

 
                                                           
(c)  the  Secretary,  New  Delhi  Municipal  Committee,  if  the  offence  is  committed  in 

relation to any area within the local limits of that Committee: 

Provided  that  no  offence  which  relates  to  any  deviation  from  the  permission,  approval  or  sanction 
given  under  section  12  and  which  could  be  compounded  under  the  provisions  of  this  Act,  shall  be 
cognizable.] 

1[35. Default powers of the Authority.—(1) If the Authority, after holding a local enquiry or upon 
report  from  any  of  its  officers  or  other  information  in  its  possession,  is  satisfied  that  any  amenity  in 
relation  to  any  land  in  a  development  area  has  not  been  provided  in  relation  to  that  land  which  in  the 
opinion  of  the  Authority  is  to  be  provided,  or  that  any  development  of  the  land  for  which  permission, 
approval or sanction has been obtained under this Act has not been carried out, it may, after affording a 
reasonable opportunity to show cause, serve upon the owner of the land or upon the person providing or 
responsible  for  providing  the  amenity  a  notice  requiring  him  to  provide  the  amenity  or  carry  out  the 
development within such time as may be specified in the notice. 

(2)  If  any  amenity  is  not  provided  or  any  such  development  is  not  carried  out  within  the  time 
specified in the notice, then the Authority may itself provide the amenity or carry out the development or 
have it provided or carried out through such agency as it deems fit: 

Provided that before  taking  any  action  under  this  sub-section,  the  Authority  shall  afford reasonable 
opportunity to the owner of the land or to the person providing or responsible for providing the amenity to 
show cause as to why such action should not be taken. 

(3) All expenses incurred by the Authority or the agency employed by it in providing the amenity or 
carrying out the development together with interest at such rate as the Central Government may by order 
fix  from  the  date  when  a  demand  for  the  expenses  is  made  until  payment  may  be  recovered  by  the 
Authority from the owner or the person providing or responsible for providing the amenity as arrears of 
land revenue.] 

36.  Power  of  Authority  to  require  local  authority  to  assume  responsibility  for  amenities  in 
certain cases.—Where any area has been developed by the Authority, the Authority may require the local 
authority  within  whose  local  limits  the  area  so  developed  is  situated,  to  assume  responsibility  for  the 
maintenance of the amenities which have been provided in the area by the Authority and for the provision 
of  the  amenities  which  have  not  been  provided  by  the  Authority  but  which  in  its  opinion  should  be 
provided in the area, on terms and conditions agreed upon between the Authority and that local authority; 
and  where  such  terms  and  conditions  cannot  be  agreed  upon,  on  terms  and  conditions  settled  by  the 
Central  Government  in  consultation  with  the  local  authority  on  a  reference  of  the  matter  to  that 
Government by the Authority. 

2[37. Power of Authority to levy betterment charges.—(1) Where, in the opinion of the Authority, 
as a consequence of any development having been  executed by the Authority in any development area, 
the  value  of  any  property  in  that  area  or  in  any  area  other  than  the  development  area,  which  has  been 
benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon 
the owner of the property or any person having an interest therein a betterment charge in respect of the 
increase in value of the property resulting from the execution of the development: 

Provided that no betterment charge shall be levied in respect of lands owned by Government within 

Delhi: 

Provided  further that  where  any  land  belonging  to  Government  has  been let  out  by  Government  to 
any person, then that land and any building situate thereon shall be subject to a betterment charge under 
this section. 

(2) Such betterment charge shall be an amount— 

(i) in respect of any property situate in a development area, equal to one-third of the amount, and 
(ii) in respect of property situate in any other area, not exceeding one-third of the amount, 

1. Subs. by Act 56 of 1963, s. 17, for section 35 (w.e.f. 30-12-1963). 
2. Subs. by s. 18, ibid., for section 37 (w.e.f. 30-12-1963). 

20 

 
                                                           
by  which  the  value  of  the  property  on  the  completion  of  the  execution  of  the  development  scheme 
estimated  as  if  the  property  were  clear  of  buildings  exceeds  the  value  of  the  property  prior  to  such 
execution estimated in like manner: 

Provided that in levying betterment charge on any property under clause (ii), the Authority shall have 
regard to the extent and nature of benefit accruing to the property from the development and such other 
factors as may be prescribed by rules made in this behalf.] 

38. Assessment of betterment charge by Authority.—(1) When it appears to the Authority that any 
particular development scheme is sufficiently advanced to enable the amount of the betterment charge to 
be  determined,  the  Authority  may,  by  an  order  made  in  this  behalf,  declare  that  for  the  purpose  of 
determining the betterment charge the execution of the scheme shall be deemed to have been completed 
and shall thereupon give notice in writing to the owner of the property or any person having an interest 
therein  that  the  Authority  proposes  to  assess  the  amount  of  the  betterment  charge  in  respect  of  the 
property under section 37. 

(2) The Authority shall then assess the amount of betterment charge payable by the person concerned 
after giving such person an opportunity to be heard and such person shall, within three months from the 
date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a 
declaration in writing that he accepts the assessment or dissents from it. 

(3) When the assessment proposed by the Authority is accepted by the person concerned within the 

period specified in sub-section (2) such assessment shall be final. 

(4) If the person concerned dissents from the assessment or fails to give the Authority the information 
required  by  sub-section  (2)  within  the  period  specified  therein  the  matter  shall  be  determined  by 
arbitrators in the manner provided in section 39. 

39.  Settlement  of  betterment  charge  by  arbitrators.—(1)  For  the  determination  of  the  matter 
referred  to  in  sub-section  (4)  of  section  38,  the  Central  Government  shall  appoint  three  arbitrators  of 
whom one at least shall have special knowledge of the valuation of land. 

(2) The arbitrators shall follow such procedure as may be prescribed by rules made in this behalf. 
1[(2A) The arbitrators shall, for the purpose of determining any matter referred to them, have the same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a 
suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) administering to any party to the arbitration such interrogatories as may, in the opinion of the 

arbitrators, be necessary.] 

(3) In the event of any difference of opinion among the arbitrators the decision of the majority shall 

prevail and that decision shall be the award of the arbitrators. 

(4) If any arbitrator dies, resigns, or is removed under sub-section (5) or refuses, or neglects in the 
opinion of the Central Government, to perform his duties or becomes incapable of performing the same, 
then the Central Government shall forthwith appoint another fit person to take the place of such arbitrator. 

(5) If the Central Government is satisfied after such inquiry as it thinks fit— 

(a) that an arbitrator has misconducted himself, the Central Government may remove him from 

his office; 

(b)  that  the  award  of  the  arbitrators  has  been  improperly  procured  or  that  any  arbitrator  has 
misconducted  himself  in  connection  with  such  award,  the  Central  Government  may  set  aside  the 
award. 

1. Ins. by Act 56 of 1963, s. 19 (w.e.f. 30-12-1963). 

21 

 
                                                           
(6)  An  Award  which  has  not  been  set  aside  by  the  Central  Government  under  clause  (b)  of             

sub-section (5) shall be final and shall not be questioned in any court. 

(7) The provisions of the Arbitration Act, 1940 (10 of 1940), shall not apply to arbitration under this 

section. 

40.  Payment  of  betterment  charge.—(1)  The  betterment  charge  levied  under  this  Act  shall  be 
payable  in  such  number  of  instalments  and  each  instalment  shall  be  payable  at  such  time  and  in  such 
manner as may be fixed by regulations made in this behalf. 

(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue. 
1[40A.  Mode  of  recovery  of  moneys  due  to  Authority.—Any  money  due  to  the  Authority  on 
account  of  fees  or  charges,  or  from  the  disposal  of  lands,  buildings  or  other  properties,  movable  or 
immovable, or by way of rents and profits may, if the recovery thereof is not expressly provided for in 
any other provision of this Act, be recovered by the Authority as arrears of land revenue.] 

41. Control by Central Government.—(1) The Authority shall carry out such directions as may be 

issued to it from time to time by the Central Government for the efficient administration of this Act. 

(2)  If  in,  or  in  connection  with,  the  exercise  of  its  powers  and  discharge  of  its  functions  by  the 
Authority  under  this  Act,  any  dispute  arises  between  the  Authority  and  the  Central  Government  the 
decision of the Central Government on such dispute shall be final. 

2[(3) The Central Government may, at any time, either on its own motion or on application made to it 
in this behalf, call for the records of any case disposed of or order passed by the Authority for the purpose 
of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such 
order or issue such direction in relation thereto as it may think fit: 

Provided  that  the  Central  Government  shall  not  pass  an  order  prejudicial  to  any  person  without 

affording such person a reasonable opportunity of being heard.] 

3[42.  Returns  and  inspection.—(1)  The  Authority  shall  furnish  to  the  Central  Government  such 

reports, returns and other information as that Government may from time to time require. 

(2)  Without  prejudice  to  the  provisions  of  sub-section  (1),  the  Central  Government  or  any  officer 
authorised by the Central Government in this behalf, may call for reports, returns and other information 
from the Authority or local authority in regard to the implementation of the master plan. 

(3) Any person authorised by the Central Government or the officer referred to in sub-section (2) may 
enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions 
of the master plan are being or have been implemented, or whether the development is being or has been 
carried out in accordance with such plan. 

(4) No such entry shall be made except between the hours of sunrise and sunset and without giving 

reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building.] 

43. Service of notices, etc.—(1) All notices, orders and other documents required by this Act or any 
rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this 
Act or such rule or regulation, be deemed to be duly served— 

(a) where the person to be served is a company if the document is addressed to the secretary of 

the company at its registered office or at its principal office or place of business and is either— 

(i) sent by registered post, or 

(ii)  delivered  at  the  registered  office  or  at  the  principal  office  or  place  of  business  of  the 

company; 

1. Ins. by Act 56 of 1963, s. 20 (w.e.f. 30-12-1963). 
2. Ins. by s. 21, ibid. (w.e.f. 30-12-1963). 
3. Subs. by s. 22, ibid., for section 42 (w.e.f. 30-12-1963). 

22 

 
                                                           
(b) where the person to be served is a partnership, if the document is addressed to the partnership 
at its principal place of business, identifying it by the name or style under which its business is carried 
on, and is either— 

(i) sent by registered post, or 

(ii) delivered at the said place of business; 

(c) where the person to be served is a public body or a corporation or society or other body, if the 
document  is  addressed  to  the  secretary,  treasurer  or  other  head  officer  of  that  body,  corporation  or 
society at its principal office, and is either— 

(i) sent by registered post, or 

(ii) delivered at that office; 

(d) in any other case, if the document is addressed to the person to be served and— 

(i) is given or tendered to him, or 

(ii)  if  such  person  cannot  be  found,  is  affixed  on  some  conspicuous  part  of  his  last  known 
place  of  residence  or  business, if  within the  1[National  captial territory  of  Delhi] or  is  given  or 
tendered to some adult member of his family or is affixed on some conspicuous part of the land or 
building to which it relates, or 

(iii) is sent by registered post to that person. 

(2) Any document which is required or authorised to be served on the owner or occupier of any land 
or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building 
(naming  that  land  or  building)  without  further  name  or  description,  and  shall  be  deemed  to  be  duly 
served— 

(a)  if  the  document  so  addressed  is  sent  or  delivered  in  accordance  with  clause  (d)  of               

sub-section (1); or 

(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on 
the land or building or, where there is no person on the land or building to whom it can be delivered, 
is affixed to some conspicuous part of the land or building. 

(3) Where a document is served on a partnership in accordance with this section, the document shall 

be deemed to be served on each partner. 

(4) For the purpose of enabling any document to be served on the owner of any property the secretary 
to the Authority may by notice in writing require the occupier (if any) of the property to state the name 
and address of the owner thereof. 

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or 

any adult member of his family shall be deemed to be service upon the minor. 

(6) A servant is not a member of the family within the meaning of this section. 

44.  Public  notice  how  to  be  made  known.—Every  public  notice  given  under  this  Act  shall  be  in 
writing over the signature of the secretary to the Authority and shall be widely made known in the locality 
to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or 
by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of 
these means, and by any other means that the secretary may think fit. 

45.  Notices,  etc.,  to  fix  reasonable  time.—Where  any  notice,  order  or  other  document  issued  or 
made under this Act or any rule or regulation made thereunder requires anything to be done for the doing 
of which no time is fixed in this Act or the rule or regulation, the  notice, order or other document shall 
specify a reasonable time for doing the same. 

1. Subs. by Act 36 of 1996, s. 2, for “Union territory of Delhi” (w.e.f. 21-12-1996). 

23 

 
                                                           
46. Authentication of orders and documents of the Authority.—All permissions, orders, decisions, 
notices and other documents of the Authority shall be authenticated by the  signature of the secretary to 
the Authority or any other officer authorised by the Authority in this behalf. 

47.  Members  and  officers  to  be  public  servants.—Every  member  and  every  officer  and  other 
employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the 
Indian Penal Code (45 of 1860). 

48.  Jurisdiction  of  courts.—No  court  inferior  to  that  of  a  1[Metropolitan  Magistrate]  shall  try  an 

offence punishable under this Act. 

49.  Sanction  of  prosecution.—2[(1)]  No  prosecution  for  any  offence  punishable  under  this  Act 
3[other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction 
of  the  Authority  or  as  the  case  may  be,  the  local  authority  concerned  or  any  officer  authorised  by  the 
Authority or such local authority in this behalf. 

3[(2) No prosecution for any offence for failure to comply with the order of the officer referred to in 
sub-section (3) of section 31 and punishable under sub-section (5) of that section shall be instituted except 
with the previous sanction of the 4[Lieutenant Governor] or any officer authorised by him in this behalf.] 

50.  Magistrate’s  power  to  impose  enhanced  penalties.—Notwithstanding  anything  contained        

in 5[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any court of a 
Metropolitan  Magistrate] to  pass  any  sentence authorised  by  this  Act  in  excess of  its powers  under the 
said section. 

 51. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against any person for anything which is in good faith done or intended to be done under this Act or 
any rule or regulation made thereunder. 

52. Power to delegate.—6[(1)] The Authority may, by notification in the Official Gazette, direct that 
any power exercisable by it under this Act except the power to make regulations may also be exercised by 
such officer or local authority 7[or committee constituted under section 5A] as may be mentioned therein, 
in such cases and subject to such conditions, if any, as may be specified therein. 

7[(2)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  direct  that  any  power 
exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as 
may  be  mentioned  therein,  in  such  cases  and  subject  to  such  conditions,  if  any,  as  may  be  specified 
therein. 

(3) The 4[Lieutenant Governor] of the 8[National capital territory of Delhi] may, by notification in the 
Official  Gazette,  direct  that  any  power  exercisable  by  him  under  this  Act  9[,  except  the  power  to  hear 
appeals,] may also be exercised by such officer as may be mentioned therein, in such cases and subject to 
such conditions, if any, as may be specified therein.] 

53.  Effect  of  other  laws.—(1)  Nothing  in  this  Act  shall  affect  the  operation  of  the  Slum  Areas 

(Improvement and Clearance) Act, 1956 (6 of 1956). 

(2) 10[Save as otherwise provided in sub-section (4) of section 30 or sub-section (8) of section 31 or 
sub-section (1) of this section], the provisions of this Act and the rules and regulations made thereunder 
shall have effect notwithstanding anything inconsistent therewith contained in any other law. 

1. Subs. by Act 38 of 1984, s. 8, for “magistrate of the first class” (w.e.f. 12-3-1985). 
2. Section 49 renumbered as sub-section (1) of that section by Act 56 of 1963, s. 23 (w.e.f. 30-12-1963). 
3. Ins. by s. 23, ibid. (w.e.f. 30-12-1963). 
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
5. Subs. by Act 38 of 1984, s. 9, for certain words and figures (w.e.f. 12-3-1985). 
6. Section 52 renumbered as sub-section (1) of that section by Act 56 of 1963, s. 23 (w.e.f. 30-12-1963). 
7. Ins. by s. 24, ibid. (w.e.f. 30-12-1963). 
8. Subs. by Act 36 of 1996, s. 2, for “Union territory of Delhi” (w.e.f. 21-12-1996). 
9. Ins. by Act 38 of 1984, s. 10 (w.e.f. 24-2-1986). 
10. Subs. by Act 56 of 1963, s. 25, for “Save as aforesaid” (w.e.f. 30-12-1963). 

24 

 
 
 
                                                           
(3) Notwithstanding anything contained in any such other law— 

(a)  when  permission  for  development  in  respect  of  any  land  has  been  obtained  under  this  Act 
such development shall not be deemed to be unlawfully undertaken or carried out by reason only of 
the fact that permission, approval or sanction required under such other law for such development has 
not been obtained; 

(b)  when  permission  for  such  development  has  not  been  obtained  under  this  Act,  such 
development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact 
that permission, approval or sanction required under such other law for such development has been 
obtained. 
1[53A.  Restriction  on  power  of  a  local  authority  to  make  rules,  regulations  or  bye-laws  in 
respect  of  certain matters.—(1)  Notwithstanding  anything  contained  in  any  law  for  the time  being  in 
force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters 
specified in sub-section (2) unless the Authority, upon consideration of such rule, regulation or bye-law, 
certifies  that  it  does  not  contravene  any  of  the  provisions  of  the  master  plan  or  the  zonal  development 
plan. 

(2) The matters referred to in sub-section (1) are the following, namely:— 

(a) water supply, drainage and sewage disposal; 

(b)  erection  and  re-erection  of  buildings,  including  grant  of  building  permissions,  licences  and 

imposition of restrictions on use and sub-division of buildings; 

(c)  sub-division  of  land  into  building  sites,  roads  and  lanes,  recreational  sites  and  sites  for 

community facilities; and 

(d) development of land, improvement schemes, and housing and rehousing schemes. 

53B.  Notice  to  be  given  of  suits.—(1)  No  suit  shall  be  instituted  against  the  Authority,  or  any 
member thereof, or any of its officers or other employees, or any person acting under the directions of the 
Authority or any member or any officer or other employee of the Authority in respect of any act done or 
purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the 
expiration of two months after notice in writing has been, in the case of the Authority, left at its office, 
and in any other case, delivered to, or left at the office or place of abode of, the person to be sued and 
unless  such  notice  states  explicitly  the  cause  of  action,  the  nature  of  relief  sought,  the  amount  of 
compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint 
contains a statement that such notice has been so left or delivered. 

(2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable 
property or for a declaration of title thereto, be instituted after the expiry of six months from the date on 
which the cause of action arises. 

(3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief 
claimed  is  an  injunction  of  which  the  object  would  be  defeated  by  the  giving  of  the  notice  or  the 
postponement of the institution of the suit.] 

54. Savings.—Nothing in this Act shall apply to— 

(a)  the  carrying  out  of  works  for  the  maintenance,  improvement  or  other  alteration  of  any 
building, being works which affect only the interior of the building or which do not materially affect 
the external appearance of the building; 

(b) the carrying out by any local authority or by any department of Government of any works for 
the  purpose  of  inspecting,  repairing  or  renewing  any  drains,  sewers,  mains,  pipes,  cables  or  other 
apparatus including the breaking open of any street or other land for that purpose; 

(c)  the  erection  of  a  building,  not  being  a  dwelling  house  if  such  building  is  required  for  the 

purposes subservient to agriculture; 

1. Ins. by Act 56 of 1963, s. 26 (w.e.f. 30-12-1963). 

25 

 
                                                           
(d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, 
place of worship, cenotaph or samadhi on land which at the commencement of this Act is occupied 
by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi; 

(e) the excavations (including wells) made in the ordinary course of agricultural operations; and 

(f)  the  construction  of  unmetalled  road  intended  to  give  access  to  land  solely  for  agricultural 

purposes. 

55. Plans to stand modified in certain cases.—(1) Where any land situated in any area in Delhi is 
required by the master plan or a zonal development plan to be kept as an open space or unbuilt upon or is 
designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years 
from  the  date  of  operation  of  the  plan  under  section  11  or  where  such  land  has  been  so  required  or 
designated by any amendment of such plan, from the date of operation of such amendment, the land is not 
compulsorily  acquired  1***,  the  owner  of  the  land  may  2[serve  on  the  Central  Government  a  notice] 
requiring his interest in the land to be so acquired. 

(2) 3[If the Central Government] fails to acquire the land within a period of six months from the date 
of  receipt  of the notice,  the  master  plan  or, as the case  may  be,  the  zonal  development  plan shall have 
effect, after the expiration of the said six months as if the land were not required to be kept as an open 
space or unbuilt upon or were not designated as subject to compulsory acquisition. 

56. Power to make rules.—(1) The Central Government, after consultation with the Authority, may 

by notification in the Official Gazette, make rules to carry out the purposes of this Act: 

Provided  that  consultation  with  the  Authority  shall  not  be  necessary  on  the  first  occasion  of  the 
making  of  rules  under  this  section,  but  the  Central  Government  shall  take  into  consideration  any 
suggestions  which  the  Authority  may  make  in  relation  to  the  amendment  of  such  rules  after  they  are 
made. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  manner  of  election  of  representatives  of  the  Municipal  Corporation  of  Delhi  under       

clause (e) of sub-section (3) of section 3; 

(b)  the  qualifications  and  disqualifications  for  being  chosen  as,  and  for  being,  members  of  the 

Authority or the Advisory Council; 

(c)  the  salaries,  allowances  and  conditions  of  service  of  the  whole-time  paid  members  of  the 

Authority; 

4[(cc) travelling and other allowances of the members of the Advisory Council except those of the 

ex officio member and such other members as are Government servants;] 

(d) the control and restrictions in relation to appointment of officers and other employees; 
5[(dd) the stages by which the development of any particular features of a zone may be carried 

out;] 

(e) the form and content of the master plan and a zonal development plan and the procedure to be 
followed in connection with the preparation, submission and approval of such plans and the form, and 
the manner of publication, of the notice relating to any such plan in draft; 

(f) the local inquiries and other hearings that may be held before a plan is approved; 

1. Certain words omitted by Act 56 of 1963, s. 27 (w.e.f. 30-12-1963). 
2. Subs. by s. 27, ibid., for “serve on the authority a notice” (w.e.f. 30-12-1963). 
3. Subs. by s. 27, ibid., for “If the authority for the time being charged with the development of the area” (w.e.f. 30-12-1963). 
4. Ins. by Act 4 of 1976, s. 2 (w.e.f. 24-1-1976). 
5. Ins. by Act 56 of 1963, s. 28 (w.e.f. 30-12-1963). 

26 

 
 
 
                                                           
1[(g)  the  form  and  manner  in  which  notice  under  sub-section  (3)  of  section  11A  shall  be 

published;] 

(h) the fee to be paid on an application for permission under sub-section (1) of section 13 and the 

factors and circumstances to be taken into consideration in determining such fee; 

2*                               *                                  *                                     *                               * 
(j) the manner in which nazul lands shall be dealt with after development; 
3[(jj) the procedure to be observed by the 4[ Lieutenant Governor] under section 30 or section 31; 

(jjj)  the  factors  to  be  taken  into  consideration  in  determining  the  rate  of  betterment  charge  in 

respect of property situate in any area outside the development area;] 

5[(ja) the manner in which the sealing of any development under sub-section (1) of section 31A 

shall be made; 

(jb) the form in which an appeal shall be made to the Appellate Tribunal under sub-section (3) of 

section 31C and the fees that shall accompany such appeal;] 

(k)  the  procedure  for  referring  any  matter  to  the  Central  Government  under  section  36  for 
settlement  of  terms  and  conditions  subject  to  which  a  local  authority  may  be  required  to  assume 
responsibility for amenities in any area; 

(l) the procedure to be followed by arbitrators in the determination of betterment charge; 

(m) the sum of money that may be kept in current account; 
3[(mm) the procedure to  be  followed  for  borrowing  moneys  by  way  of  loans  or debentures  and 

their repayment;] 

(n) the form of the budget of the Authority and the manner of preparing the same; 

(o) the form of the balance-sheet and statement of accounts; 

(p)  the  form  of  the  annual  report  and  the  date  on  or  before  which  it  shall  be  submitted  to  the 

Central Government; 

(q) the manner of constitution of the pension and provident funds for whole-time paid members 
and officers and other employees of the Authority and the conditions subject to which such funds may 
be constituted; 

(r) any other matter which has to be, or may be, prescribed by rules. 

57.  Power  to  make  regulations.—(1) 6[The  Authority,  with  the  previous  approval  of  the  Central 
Government, may, by notification in the Official Gazette, make regulations] consistent with this Act and 
the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of 
this power, such regulations may provide for— 

(a)  the  summoning  and  holding  of  meetings  of  the  Authority,  the  time  and  place  where  such 
meetings  are  to  be  held,  the  conduct  of  business  at  such  meetings  and  the  number  of  members 
necessary to form a quorum thereat; 

7[(aa) the summoning and holding of meetings of a committee constituted under section 5A, the 
time and place where such meetings are to be held, the conduct of business at such meetings, and the 
number of members necessary to form a quorum thereat and the fees and allowances payable to the 
members for attending the meetings or any other work of the Authority;] 

1. Subs. by Act 56 of 1963, s. 28, for clause (g) (w.e.f. 30-12-1963). 
2. Omitted by s. 28, ibid. (w.e.f. 30-12-1963). 
3. Ins. by s. 28, ibid. (w.e.f. 30-12-1963). 
4. Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996). 
5. Ins. by Act 38 of 1984, s. 11 (w.e.f. 24-2-1986). 
6. Subs. by Act 4 of 1976, s. 3, for certain words (w.e.f. 24-1-1976). 
7. Ins. by Act 56 of 1963, s. 29 (w.e.f. 30-12-1963). 

27 

 
                                                           
(b) the powers and duties of the secretary and chief accounts officer of the Authority; 

(c) the salaries, allowances and conditions of service of the secretary, chief accounts officer and 

other officers and employees; 

(d) the procedure for the carrying out of the functions of the Authority under Chapter III; 

(e) the form in which any application for permission under sub-section (1) of section 13 shall be 

made and the particulars to be furnished in such application; 

(f) the terms and conditions subject to which user of lands and buildings in contravention of plans 

may be continued; 

1*                                   *                                       *                           *                             * 

(h) the manner of communicating the grounds of refusal of permission for development; 

(i) the form of the register of applications for permission and the particulars to be contained in 

such register; 

(j) the management of the properties of the Authority; 

(k) the time and manner of payment of betterment charge; and 

(l) any other matter which has to be, or may be, prescribed by regulations. 

(2)  Until  the  Authority  is  established  under  this  Act,  any  regulation  which  may  be  made  under        

sub-section (1) may be made by the Central Government; and any regulation so made may be altered or 
rescinded by the Authority in exercise of its powers under sub-section (1). 

2[58. Laying of rules and regulations before Parliament.—Every rule and every regulation made 
under this Act shall be laid, as soon as may be after such rule or regulation is made, before each House of 
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions, and if, before the expiry of the session immediately following the 
session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or 
regulation,  or  both  Houses  agree  that  the  rule  or  regulation  should  not  be  made,  the  rule  or  regulation 
shall,  thereafter,  have  effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that rule or regulation.] 

59. Dissolution of the Authority.—(1) Where the Central Government is satisfied that the purposes 
for which the Authority was established under this Act have been substantially achieved so as to render 
the  continued  existence  of  the  Authority  in  the  opinion  of  the  Central  Government  unnecessary,  that 
Government may by notification in the Official Gazette declare that the Authority shall be dissolved with 
effect  from  such  date  as  may  be  specified  in  the  notification;  and  the  Authority  shall  be  deemed  to  be 
dissolved accordingly. 

(2) From the said date— 

(a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, 

or be realisable by the Central Government; 

(b) all nazul lands placed at the disposal of the Authority shall revert to the Central Government; 

(c)  all  liabilities  which  are  enforceable  against  the  Authority  shall  be  enforceable  against  the 

Central Government; and 

(d) for the purpose of carrying out any development which has not been fully carried out by the 
Authority  and  for  the  purpose  of  realising  properties,  funds  and  dues  referred  to  in  clause  (a),  the 
functions of the Authority shall be discharged by the Central Government. 

1. Omitted by Act 56 of 1963, s. 29 (w.e.f. 30-12-1963). 
2. Subs. by Act 4 of 1976, s. 4, for section 58 (w.e.f. 24-1-1976). 

28 

 
 
                                                           
60. Repeal, etc., and savings.—(1) As from the date of constitution of the Authority,— 

(a) the United Provinces Town  Improvement Act, 1919 (U.P. Act  VIII of 1919), shall cease to 

have effect in the 1[National capital territory of Delhi]; and 

(b) the Delhi (Control of Building Operations) Act, 1955 (53 of 1955), shall stand repealed. 

(2) Notwithstanding the provisions of sub-section (1)— 

(a)  every  officer  and  other  employee  serving  under  the  Delhi  Improvement  Trust  or  the  Delhi 
Development (Provisional) Authority immediately before the date of the constitution of the Authority 
shall,  on  and  from  such  date,  be  transferred  to  and  become  an  officer  or  other  employee  of  the 
Authority with such designations as the Authority may determine and shall hold office by the same 
tenure, at the same remuneration and on the same terms and conditions of service as he would have 
held the same if the Authority had not been constituted, and shall continue to do so unless and until 
such tenure, remuneration and terms and conditions are duly altered by the Authority: 

Provided that any service rendered by any such officer or other employee before the constitution 

of the Authority shall be deemed to be service rendered under it: 

Provided  further  that  the  Authority  may  employ  any  such  officer  or  other  employee  in  the 
discharge  of  such  functions  under  this  Act  as  it  may  think  proper  and  every  such  officer  or  other 
employee shall discharge those functions accordingly; 

(b) anything done or any action taken (including any appointment, delegation, notification, order, 
scheme,  permission,  rule,  bye-law,  regulation  or  form  made,  granted  or  issued)  under  any  of  the 
aforesaid Acts, shall, so far as it is not inconsistent with the provisions of this Act, continue in force 
and  be  deemed  to  have  been  done  or  taken  under  the  provisions  of  this  Act  unless  and  until  it  is 
superseded by anything done or any action taken under the said provisions; 

(c)  all  debts,  obligations  and  liabilities  incurred,  all  contracts  entered  into  and  all  matters  and 
things  engaged  to  be  done  by,  with  or  for the  Delhi  Improvement  Trust  or  the Delhi  Development 
(Provisional) Authority shall be deemed to have been incurred, entered into or engaged to be done by, 
with or for the Authority; 

(d)  all  properties  movable  and  immovable  vested  in  the  Delhi  Improvement  Trust  or  the  Delhi 

Development (Provisional) Authority shall vest in the Authority; 

(e)  all  rents,  fees  and  other  sums  of  money  due  to  the  Delhi  Improvement  Trust  or  the  Delhi 

Development (Provisional) Authority shall be deemed to be due to the Authority; 

(f)  all  suits,  prosecutions  and  other  legal  proceedings  instituted  or  which  might  have  been 
instituted  by,  for  or  against  the  Delhi  Improvement  Trust  or  the  Delhi  Development  (Provisional) 
Authority may be continued or instituted by, for or against the Authority. 

1. Subs. by Act 36 of 1996, s. 2, for “Union territory of Delhi” (w.e.f. 21-12-1996). 

29 

 
                                                           
