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4. The said directions were given after considering the matter in detail for the purpose of protection of the public at large and in consonance with the provisions contained in Delhi Development Act, 1957 (hereinafter referred to as ''DD Act''), Delhi Municipal Corporation Act, 1957 (hereinafter referred to as DMC Act), Delhi Building Byelaws 1983 (hereinafter referred to as byelaws or regulations), and the provisions contained in New Delhi Municipal Council Act (hereinafter referred to as the NDMC Act) s also the provisions contained in the Delhi Fire Prevention and Fire Safety Act, 1986 (hereinafter referred to as the Safety Act) and the rules made there under, which are known as Delhi Fire Prevention and Fire Safety Rules, 1987.

Therefore, it goes without saying that when there is provision for orchards, nursery, forest, dairy farms, etc, Development Code will apply which is made under the Development Act and in view of this it is futile to say that no building permission fro DDA/MCD/NDMC is required either under the building regulation or building bye laws.

22. Regulation 3 indicates that in addition to the provision of DD Act, the building byelaws shall apply to the building regulation activity in the Union Territory of Delhi under the jurisdiction of the DDA as given in clauses 3.2 to 3.6. Thus where a building is erected, the byelaw applies to the design and construction of the building. Even where a whole or any part of the building is removed, the byelaws shall apply to all parts of the building whether removed or not. Similar is the situation with deolished building as also with altered building. Rule 5.1 prohibits erection of a building without permission. It reads as under:

26. Section 13 of the DD Act contemplates application for permission. What would be the consequence of erection of a building in area other than development area is provided in Section 30 of DD Act. Section 30 refers to development commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan but in the latter part it refers to development in such a manner indicated hereinabove without the permission, approval or sanction referred to in Section 12 r in contravention of any conditions subject to which permission, approval or sanction has been granted. Then in such a case if it is in relation to a development area any officer of the authority empowered by it in this behalf or in relation to any other area within the local limits of local authority the competent authority thereof is entitled to not only prosecute the person for such development but is also entitled for removal of such development by way of demolition. Sub-section (1A) of Section 30 also refers to development in area other than a development area and the manner in which order of removal is to be made. Section 31 refers to the power to stop development commenced in any area in contravention of the plan either master or zonal development or without permission, approval or sanction as referred to in Section 12. Then in such a situation if the development is in contravention in relation to a development area, the authority or any officer of the authority empowered by it in this behalf and in relation to any other then development area within local limits of a local authority, the competent authority thereof may in addition to prosecution may make an order to discontinue the development. Thus reading the provisions it is very clear that the area if it is declared as a development area then the authority under DD Act will be the authority taking action if the development is contrary to the provisions of DD Act or building regulations and in case of development carried out in the area o her than development area, a local authority can initiate action in this behalf. It is clear therefore that in either case building is required to be erected as per the building bye laws and if there is any contravention of building bye laws action is required to be taken either by the development authority or the local authority. In view of this it is not correct to say that lal dora or abadi areas are exempted from the operation of all the laws and bye laws.

(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.''

28. Reading sub-section (3) it is very clear that notwithstanding anything contained in any other law permission must be taken for development under the DD Act. Permission must be granted under the DD Act by the authority concerned. Reading the building bye laws 1983 it is clear that building bye laws are made applicable to MCD, DDA as well as NDMC areas. Even under the Punjab Municipal Act, 1911 Sections 188, 189 and 190 refer to the Building Byelaws, Prohibition of Building without sanction and power of the committee to make bye laws regarding erection or re-erection of buildings.