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5. Development charges will be recovered as decided by the competent authority from time to time.'' Thus what is permissible and who can get the benefit is specifically stated in the byelaws.

10. That apart we have to examine the provisions contained in DMC Act. Chapter XVI of DMC Act refers to building regulations. It was submitted that in Lal Dora areas or rural areas certain sections contained in DMC Act do not apply such as Sections 332, 333, 334, 335, 336, 342 and 347. Our attention was drawn to a notification issued by the Municipal Corporation of Delhi dated 24.8.1963 in exercise of the powers conferred under Section 507 of the DMC Act. For the sake of convenience we reproduce he notification hereunder:-

''7. It is not in dispute that the above-mentioned village has been declared to be within village 'Abadi' under the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 read with Delhi Land Reforms Act. Sections 332 to 336 relate to building plans. Sections 312 and 313, as noticed hereinbefore, relate to public streets. The said Act applies to the entire national territory of Delhi comprising the town as also the village areas. Only in relation to the rural areas, a notification under Section 507 can be issued. The very fact that by reason of aforementioned notification dated 24th August, 1963, only certain provisions of the said Act which specifically have been enacted for a different purpose namel, public street cannot be said to have been excluded. Public streets are required to be laid down for general public whereas the provisions relating to building plans are regulatory in nature. It would, therefore, not be correct to contend that Section 312 and 313 would not be applicable in cases where the land is said to be divided into various and individual plots. Having regard to the provisions of the said Act, we are not in a position to accept the contention raised on behalf of the respondents ere in that the land in question having been exempted from Sections 332 to 336, Sections 312 and 313 would become inapplicable.''
14. Shahbad Mohammadpur
15. Bharthal
16. Nawada
17. Pochanpur
18. Bemnoli
19. Dhulsiras
20. Bijwasan Sd/-

Commissioner

14. It is in view of sub-clause (b) of clause 1 of Section 507 of DMC Act exemption was granted from certain provisions of this Act, which were indicated in the notification of 1963. However, in view of sub clause (a) of clause (1) of Section 507 of the Act, when areas have been included in and form part of the urban areas, the Notification of 1963 shall cease to operate and the exemption so granted will automatically come to an end from the date of the notification. It is in view of this all the provisions contained in Chapter XVI of DMC Act will be applicable and it is futile to say that Sections 332, 333, 334, 335, 336, 342 and 347 of DMC Act are not applicable in these areas. Therefore, it is very clear that in view of the aforesaid position o e has to follow the procedure for erection of the building as indicated under the Act. The Division Bench judgment in Dalmia Dairy (supra) would apply to only those Lal Dora areas covered by 1963 notification and which are not covered by subsequent notications.

30. It is required to be noted that under section 349A of the DMC Act, 1957 a specific provision is made. In view of Section 349A of the DMC Act bye laws made by Corporation under paragraph F of sub-section (1) of Section 481 are deemed to have been ade under the provisions contained in Section 349A of the Act and shall continue to have the same force and effect after the commencement until it is amended, varied, rescinded or suspended under the provisions of this Section. Thus with effect from 1.1.1993 Section 349A has come into force and the original paragraph of Section F of sub-section (1) of Section 481 thus even continue to apply. Reading provisions of bye laws and sub-section (2) of Section 349A it is clear that the building bye laws are made applicable under this section. Paragraph K of sub-section (2) of section 481 relates to improvements. This is also required to be borne in mind along with this. Section 349A of the Act is applicable in the entire territorial limits of area wherever DMC Act is applicable. Neither the operation of Section 481 nor Section 349A can be said to have been not applicable in view of the notification issued in the 1963 in exercise of the powers conferred by sub-clause (i) of clause (b) of Section 507 of the DMC Act. Building regulations made under this provision are applicable and one cannot say that the building can be erected in breach of these regulations or bye laws. It is submitted before us that originally in abadi or extended abadi areas the lans were used for purposes of agriculture and the lands have been divided into sub plots and the construction is being carried out on such lands. No doubt the lands were used for the purpose of agricultural operations. Oral submission was made that there is no provision for fire engine to pass through the street as the streets are very small or narrow. We would only like to say that the land has been disposed of for the construction of buildings thereon, then one is required to lay down and make a street or streets giving access to the plots into which the land may be divided and connected with an existing public or private street. It is for this purpose one has to submit a lay out plan under Section 313 of the DMC Act and only after such application being submitted and being sanctioned the land can be utilized for the purpose of construction. Under sub-section (1) of Section 313 application is to be made in this behalf. The same is required to be placed before the Standing Committee, which may be justified in refusing if the lay out plan would be in conflict with any arrangement which have been made or which are in the opinion of the Standing Committee likely to be made for carrying out any general scheme of development of Delhi whether contained is the master plan or a zonal development plan or not. Over and above the lay out plan must be in conformity with the provisions of the DMC Act and the bye laws made therein. It is required to be noted that this provision is made with an intention to provide for communication and access to plots or sub plots which might have been carved out of a chunk of a land. When such is the situation of reserving any site for street, open space etc. in a lay out plan is normal for a public purpose as it is inherent in such reservation that it shall be used by the public in general and not by an individual. It would be difficult for the owner to dispute that he holds the land for the benefit of the society or public in general. It would be his obligation in the nature of trust, it is necessary that when the land is divided in various plots to provide certain amenities the amenities are required to be provided for the interest of general public. Looking to the present situation it would be the obligation of such lad owner dividing his plots in various sub plots to provide streets in such a way that it does not cause any hindrance in way of Fire Engine/Fire brigade/Ambulance to enter easily in case of need. These aspects are required to be kept in mind by the corporation. It is for this purpose when a private land is divided in sub plots street is required to be provided for the benefit of the public for their safety. This provision is certainly not exempted. It was the duty of the corporation in such a situation to take action in the matter if there is no proper provision for streets in such cases.