Indian Kanoon - Search engine for Indian Law

7. The Delhi Development Act 1957, hereinafter referred to as the “DD Act”, was enacted by Parliament for the development of Delhi, according to plan and for matters ancillary thereto.

8. ‘Building’ is defined in Section 2(b) of the DD Act to include “ 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.”

9. Section 2(d) of the DD Act defines ‘development’ as follows:-

11. The Delhi Development Authority (DDA) was constituted by the Central Government in 1957, by a notification issued in the Official Gazette under Section 3(1) of the DD Act.

12. In exercise of powers conferred by sub-section (1) of Section 56 of the DD Act read with Clauses (e), (g) and (r) of sub-section (2) of the aforesaid Section, the Central Government made the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959 (hereinafter referred to as “MP&ZD Rules). Some of the relevant provisions of the MP&ZD Rules are as follows:-

laws in force when the Appellant applies for sanction of the Building Plan.

26. Section 53 of the DD Act gives an overriding effect to the DD Act over other laws except the Slum Areas (Improvement and Clearances) Act 1956. The provisions of the DD Act and the Rules and Regulations framed thereunder which would include the Master Plan and Building Bye-laws would have effect, notwithstanding anything to the contrary in any other law.

27. In exercise of the powers conferred under sub-section (1) of Section 57 of the DD Act, the DDA made the Unified Building Bye-laws for Delhi, 2016, which became applicable to National Capital of Territory of Delhi. The Bye-laws of 1983 stood superseded by the Unified Building Bye-laws for Delhi, 2016.

section Q to include the DDA, the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 or any other authority as might be notified by the Central Government or the Government, as the case may be. SDMC is a local authority contemplated in sub-Section (q) of Section 2 of the Delhi Fire Service Act.

69. As noted above, there does not appear to be any prescription of minimum height or intimation to the Director of the Delhi Fire Service, as required under Section 2(s) of the Delhi Fire Service Act. The Building Bye-laws 1983 and the Unified Building Bye-laws read with the Master Plan would have to be deemed as Prescription and Notification under Section 2(s). In any case, in view of Section 53 and 53A of the DD Act, the Master Plan and the Building Rules, Regulations and Building Bye-laws under the DD Act would prevail in case of inconsistency with any other Rules or Regulations.