Introduction

Delhi Development Authority (hereinafter DDA) is controlled by the Ministry of Urban Development. The DDA was established in 1957 by an Act of Parliament to promote and secure a planned spatial development of Delhi. Its mandate is primarily to acquire land for the development of new areas and to hand over the same to the relevant authority once developed. The DDA is mainly concerned with planning, development and construction in ‘development area’ as notified by the Central Government in the master plan. With respect to the development area the DDA provides sanction to the person who intend to do any construction in these areas, and holds the power of demolition in case of any contravention. Both DDA and Municipal Corporation Delhi (hereinafter MCD), works in consonance with one another in Delhi regulating the overall development and constructions work.

What are the regulation Acts, Bye-Laws & procedures governing the DDA functioning?

The parent Act governing the functioning of DDA is the Delhi Development Act, 1957 (DD Act). Section 57 of the DD Act confers power upon the authority to frame the regulations for various activities, whereunder the following regulations have been made:-

1. Building Permit Procedure, 2006
2. The Building Regulations for Special Area, Unauthorised Regularized Colonies and Village Abadis, 2010.
3. The (Permission of Banquet Halls) Regulations, 2010
4. Regulations and Guidelines for Redevelopment of Existing Planned Industrial Area, 2011. 
5. Regulation for Redevelopment of Clusters of Industrial Concentration in Non-Conforming Areas/Unplanned Industrial Areas, 2012.
6. Regulation for Regularization of Unauthorized Colonies in Delhi, 2012.
7. Regulations for Regularization of Farm Houses in Delhi, 2012.
8. Unified Building Byelaws for Delhi, 2016
9. Regulation for Enabling the Planned Development of Privately Owned Lands, 2018.
10. Land Pooling Regulations, 2018.
11. Regulations for setting up of Fuel Stations on privately owned Lands in National Capital Territory of Delhi, 2019.
12. Regulations for Enhancing Walkability in Delhi, 2019.
13. Transit Oriented Development (TOD) Regulations, 2021.

What is the extent of the jurisdiction of Delhi Development Authority?

DDA is constituted to promote and secure the planned development of Delhi. It is responsible for planning, development and construction of Housing Projects, Commercial Lands, Land Management, Land Disposal, Land Pooling, Land Costing etc. The jurisdiction of DDA is limited to the “Development Area” as declared by the Central Government under section 12 of DD Act, 1957. Outside this ‘Development Area’ the concerned local authorities exercises jurisdiction.

What is the procedure for sanctioning of building maps by DDA?

Central Government is conferred with the power to declare any area within the NCT of Delhi to as ‘Development Area’ by virtue of section 12(1) of the DD Act. Once the area is declared as the ‘Development Area’ then DDA has power to undertake the development works in such declared area without any sanction/permission from anyone. But where any development is to be carried out by any person/body other than DDA then permission is required to be obtained in writing from DDA. Development is defined under section 2(d) of the Act as ‘carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment’. In simple words, where any construction is to be carried out at any place in the ‘Development Area’ even by the resident to his house, he has to take the written permission from DDA. All other details regarding the sanction is provided in the Handbook for Building Permit Procedure, 2006 as follows-

How to apply:

Section 13 of DD Act provides for the procedure for permission. Person shall make an application in writing to the Authority in such form and containing such particulars as prescribed by regulations. As sanction is obtained for various activities thus the procedure is provided in various regulations as mentioned above. UBBL,2016 provides for the ‘building activities’ therefore the procedure for obtaining sanction for such activities is provided as follows-

• For residential plots up to 105 sq.m in size forming a part of approved layout/special areas/unauthorized regularized colony/village abadis/ lal dora/extended lal dora resettlement colonies and slum & JJ cluster/Rehabilitation Colonies, excluding those within LBZ (Lutyens’ Bungalow Zone), the procedure and documentation shall be as per ‘SARAL’ scheme as provided in chapter 4 of UBBL,2016.

• For sanction/Addition/Alterations/Revised plan of residential plot/other buildings- For obtaining sanction a person (here owner) is required to give notice in writing of his intention (erect/re-erect/repair/alteration) to DDA in a common application form as prescribed under Unified Building Bye-Laws 2016. The notice has to enclose the ownership documents, complete address of the area, a building and layout plan, tentative dates of start and completion of work along with the building permit fees and drawings s per para 2.1 of the UBBL 2016. The key plans and drawings submitted have to follow the requirements as mentioned in 2.0.4 of the UBBL 2016.

Ministry of Environment and Forest laid down guidelines in 2010 regarding Building, Construction, Townships and Area Development Projects. National Green Tribunal in Vardhman Kaushik v. UOI & Ors and Sanjay Kulseshtra v. UOI & Ors.[1] also laid down guidelines with respect to construction activities in order to address the problem of rising pollution levels. It mandated all the authorities vested with power to sanction building plan to issue notice to all the builders to carry out building activities in accordance with following guidelines-

• Every builder or owner shall put tarpaulin on scaffolding around the area of construction and the building. No person including builder, owner can be permitted to store any construction material particularly sand on any part of the street, roads in any colony.
• The construction material of any kind that is stored in the site will be fully covered in all respects so that it does not disperse in the Air in any form.
• All the construction material and debris shall be carried in the trucks or other vehicles which are fully covered and protected so as to ensure that the construction debris or the construction material does not get dispersed into the air or atmosphere, in any form whatsoever.
• The dust emissions from the construction site should be completely controlled.
• Vehicles carrying construction material and construction debris of any kind should be cleaned before it is permitted to ply on the road after unloading of such material.
• Every worker working on the construction site and involved in loading, unloading and carriage of construction material and construction debris shall be provided with mast to prevent inhalation of dust particles.
• Every owner and or builder shall be under obligation to provide all medical help, investigation and treatment to the workers involved in the construction of building and carry of construction material and debris relatable to dust emission.
• It shall be the responsibility of every builder to transport construction material and debris waste to construction site, dumping site or any other place in accordance with rules and in terms of this order.
• Compulsory use of wet jet in grinding and stone cutting.
• Wind breaking walls around construction site.
• Corporation, DDA, HUDA, NOIDA, Greater NOIDA Authority and all other Authorities and instrumentalities of the state and its department shall make all efforts to increase the `tree cover’.
• All the builders who are building commercial, residential complexes which are covered under the EIA Notification of 2006 shall provide green belt around the building that they construct.  All Authorities shall ensure that such green belts are in existence prior to issuance of occupancy certificate.

Can any development be made in development area without obtaining the sanction of DDA?

As per section 12(3) of DD act, no development of land shall be undertaken or carried out in the development area by any person or body (including a department of Government) without obtaining the written permission of DDA. If any person violates this provision, then the DDA has the power to demolish or to discontinue or to seal such unauthorised development under section 30, 31 & 31A of DD act respectively and can also initiate the criminal proceedings against the offender. But if any person has carried out any construction without obtaining requisite sanction it doesn’t mean that his/her property is subjected to above mentioned actions in all cases. Clause 2.8 of UBBL, 2016 provides the relief to such person to regularize the impugned property if it is in accordance with the UBBL and Master Plan of Delhi (MPD) by paying the requisite fees and charges. Recently Supreme Court in MC Mehta v. Union of India[2] observed that all the unauthorized construction in the national capital which are within the norms must be regularized after imposing the penalties upon the owner. If any premise was sealed because of the violations but is at present within the norms then such property be de-sealed after imposing the penalties upon the owner of the property. Those who claim that their constructions are in compliance of the present norms, can approach SC-appointed monitoring committeeand government panel headed by Delhi chief secretary for unsealing of their premises. Court further said “Time should be given to them to comply and if they do not comply then demolition be done. If capable for regularization, then the constructions should be regularized in cases where they were earlier violators but not violating the norms now”.

What are the Remedies on Refusal to Sanction?

Shikayat Adalat

If the authority refuses to give permission for development in the development area then the aggrieved person can approach to the “Shikayat Adalat” of the Building Department. This Adalat is held on every first working Monday of each month between 2.30 PM to 5.30 PM relating to cases with the following-

• Delay in sanction of building plans.
• Issuance of B-1 permit.
• Issuance of Completion Certificate.
• Problems related to the NOC from lands Section and Planning/Architecture Department

Appellate Tribunal

Another remedy is to prefer an appeal before the Appellate Tribunal under section 31C (a) of Delhi Development Act 1957.

What are the Liabilities imposed if constructions made contrary to the master plan or zonal plan regulation?

The DDA is empowered to demolish the construction, to stop and seal the development work if there is any contravention. Along with these penal liabilities can also be imposed by DDA.

Demolition Order

As per Section 30 of the DD Act, where any development has been carried on without or contrary to sanction or in contravention of Master or Zonal development plan, any officer empowered in this behalf if the development has been carried on in any ‘development area’ can order demolition and for other areas local authority like commissioner of MCD is given this power. The order of demolition cannot be given without mandatorily giving opportunity of being heard to the person. The time period for carrying the demolition should not be less than five days and greater than fifteen days at the expense of the person at whose instance the development work commenced. In case of Goodview Properties Pvt. Ltd. v. Delhi Development Authority[3] the court vehemently stated that if the construction in the development area is without sanction from DDA, the same is not permissible and liable to be demolished. In case of the Delhi Development Authority v. Sheela Rani Gandhi[4] court held that no construction in development area can be done without prior sanction and doing new constructions in the area under the guise of repair is not allowed and therefore demolition order was allowed.

The Delhi HC in Praveen Kumar Jaju v. Delhi Development Authority[5] while deciding an interim injunction application against demolition of unauthorised construction held that when plaintiff is using land contrary to statue and master plan, his conduct itself disentitles him to interim injunction.

In case of Rajider Kakkar v. Delhi Development Authority [6]  the Delhi HC deciding on locus standi of the petitioner under Article 226 held that when the land belongs to Central Government, the petition challenging demolition of building by DDA without compliance of Section 30 of DD Act is not maintainable as petitioner is not the owner.

In Tek Chand v. Delhi Development Authority[7] court held that the demolition order can only be challenged under 31-E before Appellate tribunal and no civil court has jurisdiction.

In other case of Delhi development Authority v. Vakil Singh[8] the Delhi HC held that not serving notice on the person is a non-compliance with the provision of Section 30 and therefore DDA can be restrained from taking possession of the plot or demolition of structure. The demolition order should be in accordance with proper procedure and if the demolition is illegal and there is negligence on part of any officer, the person is entitled to get compensation for such illegal demolition as held in Ram Dulari v. Delhi Development Authority[9]

Stop Development & Seal

The Delhi Development authority along with local authority have power to stop those development which are against or in contravention of the Master or Zonal Plan or without the sanction of the authority as mentioned in Section 12. They also have power to seize any construction material, tools, machinery etc. If the order to stop the development is not carried out the person shall be punishable with fine which may extend to two hundred rupees for every day of non-compliance of the order. The authority is also empowered to seal unauthorised development along with the order of demolition and stopping development.

Penal Liability

Penal Liability is mentioned in Section 29 DDA Act, while the Building Permit Procedure 2006 provides which of the contravention which are punishable under Section 29 can be compoundable in terms of regularisation or alteration without taking actions of demolition or penal punishment. The punishment is not just to the person who carried out such constructions but sometimes even to DDA for allowing the illegal construction to happen. In case of Dr. G.N. Khajuria & others v. Delhi Development Authority[10] the court held that when DDA misuse its power then along with the order of demolition the officer of the statutory body responsible for the illegal action/order must also be punished in accordance with law.

As per Section 29 DD Act, if any person or any body carries out any development of any land in contravention of either the Master Plan or the Zonal Plan or in contravention or without the approval or sanction as required under Section 12 of DD Act shall be punishable –

• with rigorous imprisonment which may extend to three years, if such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay out plan; and
• with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than the grounds mentioned in clause (a).

If the user of the land and building act in contravention of any of the plan in a zone as per Section 14 or in contravention of any terms and conditions prescribed by regulations under Section 14 shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence.

Any person who obstructs the entry of a person authorised under section 28 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Following are the penal action as mentioned in the Building Permit Procedure-.

Non-Compoundable Items

In case when there is any deviation from the maximum/minimum prescribed limits regarding the coverage of the building, open spaces, total height of the building, number of floors, parking norms, lighting & ventilation, or any other violation except those which are compoundable, the offence will not be compoundable neither can it be regularised and actions of demolition or alteration has to be taken. The punishment of Section 29 will also be given.

Compoundable Items

If a building or part thereof has been constructed unauthorizedly i.e. without obtaining the requisite building permit from the authority as required under Clause 6.1 & 6.7.1 of the Building bye-laws (now the Chapter 2 of the Unified Building Bye-laws, 2016), either by deviation of coverage area or deviation of building bye laws the same shall be compounded by paying penalty at rates mentioned in the Building Permit Procedure 2006, provided that the building or part thereof so constructed otherwise confirms to the provisions contained in the Building Bye-Laws and Master/Zonal Plan Regulations.

The violation which are compoundable shall be so done either by way of regularisation i.e., accepting penalty amount at rates mentioned in the building permit procedure.

Writ Petition against the order of the DDA or Appellate tribunal?

Article 226 of the Constitution of India is not an appellate remedy. The scope of judicial review is limited in such a petition as it is of discretionary nature. The High Court under Article 226 does not act as an appellate authority and neither is such a petition to be treated as a second appeal. The HC can only exercise its discretion when there is flagrant miscarriage of justice or abuse. The appellate tribunal constituted under Section 347A of the Delhi Municipal Corporation Act, 1957 is given the authority to deal with all grounds of appeal as mentioned under Section 31C of the DD Act.

As far as maintainability of writ petition is concerned, the apex court in State of Maharashtra v. Milind[11] held that High Court will interfere in the decision of the tribunal when there is a grave miscarriage of justice, flagrant violation of law, acted arbitrarily, violated the principles of natural justice, passed a perverse order or such order which is an error of law apparent on face of record. In another case of Waryam Singh v. Amaranath[12] Supreme Court observed that power under article 227 must be sparingly exercised to keep the courts and tribunals within the authority and not to correct mere errors.

Grounds for filing writ petition against order of DDA:

• Violation of principle of natural justice

In any case where an opportunity of being heard is mandatory as under Section 13 while giving permission for the development or Section 30 before giving demolition order or an action under Section 35, and the reasonable opportunity to show causenot given by the DDA, the same is violation of principle of natural justice and a writ petition is maintainable.

In case of Kanchiid Mal v. Delhi Development Authority[13] allowing the writ petition court held that DDA cannot take action without issuing show cause notice, and the same is violation of principle of natural justice.

In another case K.L. Tripathi Vs. State Bank of India[14], the court laid down the principle that not mere violation of natural justice but de facto prejudice (other than non-issue of notice) had to be proved for the relief prayed. The court further held that there must have been some real prejudice to the complainant and there is no such thing as a merely technical infringement of natural justice.

• Arbitrary and Illegal Demolition

If the order of the appellate tribunal is on face of record erroneous and has resulted in manifest injustice, a writ petition is maintainable in High Court. In case of Manoj Gupta and Ors vs Delhi Development Authority[15] a writ petition under Article 226 of the Constitution of India was allowed and appropriate directions was given to protect the petitioners against the arbitrary and illegal demolition.

Conclusion

Delhi Development Authority has a prime role in the development of Delhi. Delhi being the capital of the country, its infrastructural development shows the face of the country, therefore all formalities of development are taken with great caution. The formalities of sanctioning, permission for development etc., are therefore viewed as major and any change in the area notified in the Master or Zonal Plan is considered to be in contravention of the building regulation and strict actions are taken for any unauthorised constructions.