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Showing contexts for: mcd act in Gainda Ram & Ors vs M.C.D. & Ors on 13 September, 2004Matching Fragments
33. The main function of the Vending Committees was to verify the vending sites and hawking zones in the NDMC area. Its other function was to scrutinize application for allotment of the sites.
34. Both, the NDMC and MCD, are statutory bodies under The New Delhi Municipal Council Act, 1994 (hereinafter, `NDMC Act') and The Delhi Municipal Corporation Act, 1957 (hereinafter `DMC Act') respectively. Both the acts are parliamentary legislations.
39. Under the NDMC Act almost similar provisions are there. Definition of public street under Section 2(39) of NDMC Act is virtually the same as the definition of public street under Section 2(44) of the DMC Act. Similarly under Section 3 of the NDMC Act, NDMC has been formed as a body corporate having perpetual succession and a common seal. NDMC is also equally empowered to remove obstructions and projections in and upon the streets, bridges and other public places. In fact it is one of the obligatory functions of NDMC.
40. Under Section 202 of the NDMC Act all public streets vest in the Council. The NDMC Act also contains similar provisions prohibiting erection of structures/fixtures which causes obstructions in the street. (See Section 224. Sections 225 and 226 of NDMC have been referred to already).
41. The NDMC is also authorized to prevent any nuisance in any public street or public place, or picketing of animals or collection of carts, displacement, damaging or making any alteration to the pavement, water-drain etc. without any authority. (See Section 308(viii) of the Act. Reference to Section 330 of the Act has been already made)
54. Neither the said policy nor the scheme framed by the NDMC can be called law, except of course the provisions of Sections 225, 226, 330 and 369(2) of NDMC Act mentioned hereinabove.
55. Section 388 of the NDMC Act empowers the NDMC to frame bye-laws. This power is categorized under different clauses of sub- section 1 of Section 388. Under clause (D) of the said sub-section there is a provision for making bye-laws relating to the streets. Section 388(1)(D)(5) of NDMC Act provides as follows: