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11. Learned counsel has drawn the attention of the Court to various notifications, including those dated 10.10.2008, 23.12.2008, and 25.02.2009, to argue that the DDA under Section 57 of the Delhi Development Act, 1957 [DD Act], with the prior approval of the Central Government, is empowered through the DDA [Fixation of Charges for Mixed Use and Commercial Use of Premises] Regulations, 2006, to prescribe various charges for such purposes. Learned counsel contends that the MCD lacks requisite jurisdiction in this regard.

II. The developmental activities within the Union Territory of Delhi are predominantly regulated under the Master Plan, Zonal Signed SHARMA Signing Date:05.07.2025 By:PURUSHAINDRA 17:52:16 KUMAR KAURAV Plans, and Layout Plans. Whereas the Master Plan and Zonal Plans are prepared by the DDA, the Layout Plans are generally sanctioned by the MCD exercising powers under Section 313 of the DMC Act, 1957. An exception to this general principle arises in cases where an area is specifically declared as a ―development area,‖ in which scenario, sanction of the Layout Plan is required to be obtained directly from the DDA under Section 12 of the DD Act.

57. A reference may also be made in this context to the provisions of the DD Act, which has been enacted principally to ensure planned development within Delhi and to address matters incidental thereto. While the DMC Act primarily governs the municipal administration of Delhi, the DD Act specifically regulates developmental activities in alignment with established planning objectives. Both statutes, thus, operate harmoniously within their distinct legislative domains, complementing each other without encroachment or overlap.

58. Section 2(b) of the DD Act defines ‗building' in the following terms:-

―Section 2(b) - ‗building' includes any structure or erection, or any part thereof, intended to be utilized for residential, industrial, commercial, or any other purpose, irrespective of whether it is presently in actual use or not.‖

59. A comparative analysis of the definitions of ‗building' under the DMC Act and the DD Act yields the following position:-