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C.L. Batra vs Municipal Corporation Of Delhi on 21 August, 1997 cites

State Of Uttar Pradesh And Ors vs Dr. Anupam Gupta Etc on 13 February, 1992

(5) Thus, there is no express provision in the Act conferring upon any authority including the Commissioner to demand a No Objection Certificate of the House Tax Department before according sanction under Section 336 of the Act. Even the Building Bye-Laws do not contain any provision regarding production of No Objection Certificate from the House Tax Department, though the Para 6.2.9. of the bye-laws contains elaborate provision in the matter of submission of documents. Learned Counsel for the respondent has fairly conceded that there is no express provision either in the Act or in the Bye Laws empowering Commissioner or any other authority to demand No Objection Certificate from the House Tax Department before according sanction of the building plan submitted for approval. But the learned Counsel, however, contended that the executive instructions contained in the office orders were issued to fill up yawning gaps in the Bye Laws. Learned Counsel for the respondent further submitted that this is a established practice and procedure followed by the Municipal Corporation for a long time and the same has been followed in the case of the petitioner as well. Reliance has been placed on the decisions rendered by the Apex Court in State of uttar Pradesh and Others v. Dr. Anupam Gupta and Others, 1993 Supp (1) Scc 594, Union of India and Another v. Arnrit Singh and Others, ; State of Maharashtra and Another A.W. Dhope and Others v. Sanjay Thakre and Others, 1995 Supp (2) Scc 407. I am unable to accept this argument as mere acquiescence even for a long period does not make a void order valid. Merely because a practice has remained in vogue for long period without any challenge, though it has no sanctity in law, it cannot be up-held by the Court. It has to be borne in mind that any Administrative act or order which is ultra vires or outside jurisdiction is void in law. This is because in order to be valid it needs statutory authorisation,and if it is not with in the powers given by the Act or the Bye Laws made thereunder, it has no legal leg to stand on. No doubt, administrative instructions consistent with rules can be issued to fill up yawning gaps in the rules and they form integral part of the rules. In the instant case the question is whether the No Objection Certificate from the House Tax Department should have been produced by the petitioner seeking sanction of the building plan. Since neither the Act nor the bye-laws made thereunder contemplates such a requirement of a No Objection Certificate, I do not think it is permissible for the Engineer-in-Chief to add one more document in the list of documents to be submitted alongwith the notice as prescribed by Para 6.2.9 of the bye-laws. In my opinion the executive fiat imposing ban on releasing the grant of sanction under Section 336 of the Act without No Objection Certificate from the House Tax Department not supported by any legislative measure is liable to be quashed being violative of Section 336 of the Act and the Building Bye Laws.
Supreme Court of India Cites 17 - Cited by 134 - K Ramaswamy - Full Document
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