lal-dora_in the high court of delhi at new delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT: FIRE SAFETY MEASURES

C.M.No. 6904/2004 in WP(C) No.2710/1998

Date of decision : August , 2004

Dr B. L .WADHERA ... Petitioner

Through None

VERSUS

GOVT OF NCT OF DELHI & ORS ...

Respondents Through Mr. Rajeev Nayyar,Sr.Advocate

with Ms. Manali Singhal for the applicant in CM No.6906/04.

Mr.Vinay Sabharwal for MCD Mr.V.K. Shali for Govt of NCT of

Delhi. Ms.Shobhana Takkiar for DDA.

B.C. PATEL, C.J.

1. BSES Rajdhani Power Limited, engaged in the business of distribution of electricity

in south and west distribution circles of National Capital Territory of Delhi (hereinafter

referred to as "NCTD") , has approached this Court for clarification of the order made

by the Division Bench of this Court in the case of Dr.B.L. Wadhera vs. Government of

National Capital Territory of Delhi and Others, being WP(C) No. 2710/1998 decided on

29.5.2003.

2. By the judgment dated 29.5.2003 we issued directions in para 63 of the judgment

which are as under:-

"63. In the result after having considered all the pros and cons of this matter and

having heard the learned advocates in detail on various occasions, we intend to dispose

of this petition by making the following directions.

1 In all high rise buildings in Delhi and New Delhi, fire safety measures are to

be provided keeping in mind provisions made in the bye laws and specific provision for

fire protection in the bye laws. And as per these requirements, there must be fire safety

12.4.11 IN THE HIGH COURT OF DELHI AT NE…

delhidistrictcourts.nic.in/aug/2710.htm 1/30

measures in such high rise buildings, as contemplated in the bye laws and National

Building Code of India, 1970.

2 In high rise buildings wherein fire safety measures are required to be

provided under the bye laws, National Building Code as well as any other provision

which are applicable, the builders, developers, organizers, contractors, architects and

engineers, society, Association of persons etc erecting buildings shall provide fire safety

measure as per bye laws and without such measures, the respondent authorities shall

not grant occupancy certificate.

3 So far as the existing but unoccupied buildings and buildings under

construction are concerned, the respondent authorities acting under bye laws are

directed not to grant occupancy certificate unless and until sufficient fire protection

system is installed, is made operational and is certified by the Fire Officer concerned to

the effect that as per by laws and as per his satisfaction fire safety measures are

provided.

4 When adequate and sufficient fire safety measures are provided and made

operational, authorities granting permission under building bye laws shall strictly enforce,

the provisions relating to fire safety system while granting occupation certificate.

5 It is further directed that henceforth the respondent authorities shall not

supply essential services to any new high rise building unless and until the building is

erected in accordance with law and bye laws. All electricity supply companies ( BSES

Rajdhani Power Ltd, BSES Yamuna power Ltd, Delhi Power Co Ltd and North Delhi

Power Ltd. ) are directed in this behalf. If the builder/developer/organizer, etc, is found

indulging in malpractice in giving power connection meant for construction purpose and

thereby permits illegal occupation such connection shall be disconnected forthwith and

immediate action shall be taken against such builder/developer/organizer etc.

6 That the Fire Officer shall carry out periodical as well as surprise checking to

satisfy himself that the fire safety measure provided in the high rise buildings are

provided or not. If the same are provided, such visits shall be made to find out whether

the same are in working/operational condition or if the builders/developers/

owners/occupiers have made a show of providing fire safety measure, then it will be the



duty of the Fire officer to call upon such occupier/developer/ owner/builder to set right

the system and on failure to do so within a reasonable time, the Fire Officer shall take

steps to get the essential supplies to such building , such as water, and electricity, etc.

disconnected and seal the building as provided in Safety Act.

7 By a public notice, Municipal Commissioner/ Chairman NDMC shall inform

the public at large who are occupying high rise buildings to provide fire safety

measures within a period of four weeks from the date of publication. According to us,

though four weeks time is long, we are giving four weeks time to all the occupiers to see

that the occupancy will be allowed and permitted only if fire safety measures are

provided in the buildings. If the fire safety measures are not provided within a period

of four weeks as stated above, then the respondent authorities shall disconnect essential

supplies such as water and drainage and seal the building. One must bear in mind that

public notice was given earlier.

8 It is further directed that the Commissioner/ Chairman of MCD/NDMC shall

write to electricity supply companies in this behalf and electricity supply company shall

also disconnect electric supply if within the said period fire safety measures are not

provided. It will be for electric supply companies to remain in touch with the

commissioner /Chairman and vice versa.

9 It is further directed that henceforth the respondents shall provide essential

services only after recording satisfaction that the erection of building is strictly in

accordance with the plan. Electricity companies are also directed not to supply

electricity unless Forms C and D duly signed by the competent authority are obtained

and produced before the Electricity companies.

10 The Government is directed to install fire safety measures in all Government

high rise buildings within four weeks from today. The respondents shall initiate

disciplinary proceedings against its employees, servants, officers as some of the

buildings are occupied despite the fact that fire safety measure are not provided in

accordance with the provisions in this regard.

11 The respondents shall place before the Court material indicating as to how

many high rise buildings are erected after approval of the plans by the competent

authority and how many buildings were provided with fire safety measures as required



under the bye laws before the occupancy and what action is taken against occupiers in

connection with the buildings, which are erected contrary to any byelaws or are

occupied without fire safety measures. Such report be filed within three months from

today. The respondents shall initiate action against erring officers and shall submit report

within a period of three months.

12 Despite this order, if any building is connected with essential supplies the

Commissioner MCD /Chairman NDMC, as the case may be, himself shall be held

responsible and will be answerable to the court.

13At present we are dealing with the fire safety measures in high rise buildings. We are

not endorsing the view that the erection of a building is in accordance with the bye-laws.

Only with a view to see that since large number of people are occupying buildings

erected by a builder/ contractor/ owner/association of persons/ societies/architect/

engineer, etc. we are passing this order for the safety of the occupiers of the building. It

should not, therefore be understood that merely because the fire safety measures are

provided the erection of building is in accordance with the bye-laws. That aspect of the

matter is not dealt at all.

14 It is directed that NDMC/DJB/PWD shall put all the static water tanks in

working conditions within a period of three months and shall file a report about the

action taken in this behalf.

15 The DDA considering the importance of fire safety shall take decision within

four months for allotment of plots for fire stations. Chief Fire officer as well as local

authorities, namely, DMC/NDMC shall point out the appropriate sites within a period of

one month to the DDA.

16. Respondents and the Commissioner of Police are directed to clear

encroachments on pavements, on roads and public streets within a period of four

months for easy movements of fire engines and ambulance vans.

17. It is further directed that MCD/NDMC/ Traffic Police as also the Police

Deptt shall not allow any encroachment on roads, public streets and

footpath/pavements and for that purpose NDMC and MCD as well as the

Commissioner of Police shall demarcate the area of jurisdiction of a particular officer



and it will be the responsibility of that particular officer to see that there is no

encroachment on pavement, public street and on roads. NDMC/MCD/ Commissioner

of Police shall complete this exercise and shall place before the Court report indicating

the names/ designations of the officers who are to be in charge of respective areas. It

will be the responsibility of these officers, in case it is found that there is encroachment

on public roads or pavements."

3. The applicant has prayed that the order made by the Division bench on

29.5.2003 should not apply to Lal Dora and extended Lal Dora areas where there is no

requirement for obtaining completion certificate/fire safety certificate before occupying

the building and to permit the applicant company to provide electricity to high rise

buildings in Lal Dora and extended Lal Dora areas. It is also prayed that during the

pendency of this application the company be permitted to give provisional connection

to high rise buildings in Lal Dora and extended Lal Dora areas.

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) as 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 thereunder, which are

known as Delhi Fire Prevention and Fire Safety Rules, 1987.

5. It is contended by the applicant that the company is a licencee and is

licensed to supply electricity in the area of supply. According to the applicant the Court

has directed the applicant company not to supply electricity unless Form C and D (now

completion certificate) duly signed by the competent authority is issued and produced

before the applicant company. As contended in the application there are many high rise

buildings erected in the Lal Dora and extended Lal Dora areas of Delhi and such owners

or occupiers of such buildings have been approaching for supply of electricity, but the

prospective consumers i.e. occupiers or owners are unable to produce any fire

clearance by the fire department and the completion certificate from the concerned

development agency, and the applicant company is not in a position to supply

electricity. As averred in the application, it has been brought to the notice of the

company that they are unable to produce fire clearance certificate as the fire department



is not required to see that the fire safety clearance is given to such buildings in such

areas known as Lal Dora and extended Lal Dora. It is also alleged that Municipal

Corporation of Delhi (for short MCD)/New Delhi Municipal Council (for short NDMC)

and Delhi Development Authority (for short DDA) are permitting occupation of high rise

buildings without sanction of building plans or fire clearance or completion certificate.

It is alleged that the aforesaid authorities are permitting erection of high rise buildings in

these areas and are collecting various municipal and other taxes. However, these

authorities are not bothering for byelaws or the provisions made under the Acts,

consequently, the applicant company is not in a position to supply electricity.

6. The applicant company is apprehending that the prospective consumers may

either engage in theft of electricity or in installation of generators of large size which are

major fire and environment hazards. It is also stated that many of the high rise buildings

in these areas are already occupied. It is pointed out that in view of Section 43 of the

Electricity Act,2003 (hereinafter referred to as the Electricity Act), the applicant is

required to supply electricity. It is submitted that under the law it is obliged to supply.

The local authorities, namely, MCD, NDMC and DDA have been permitting the erection

of high rise buildings in these areas. It is submitted that if the order is not modified, then

people occupying the high rise buildings, in these areas, namely, Lal Dora and extended

Lal Dora areas will use generators and will engage in theft of electricity and at the same

time the public exchequer as well as the company will suffer.

7. We have heard the counsel appearing for the respondents authorities at

length.

8. In order to resolve the issue raised, the first & foremost question that needs

determination is the applicability/non-applicability of certain provisions of the DMC Act

to the Lal Dora and extended Lal Dora areas of Delhi. So far as Lal Dora/extended Lal

Dora (hereinafter referred to as the rural areas) are concerned, it is required to be noted

that initially these areas were occupied by agriculturists , who were engaged in

agricultural activities near about the areas known as Lal Dora. It was decided by the

Government that for certain specified construction activities, in these rural areas,

sanction of building plans from MCD may not be necessary and the Notification of 24th

August, 1963 was issued. We shall deal with the scope of this notification in detail at

the appropriate stage. However, we emphasize here itself that it was not the intention of



the Government, by exempting these areas from certain provisions, to allow the building

activities contrary to the provisions contained in the building byelaws or to allow the

construction of buildings for commercial purpose. On behalf of the DDA it was

submitted, as also on behalf of MCD, that only a building, residential in character, and

not going beyond two and a half storeys and owned by the original resident/his

descendant is to be permitted. Any other building in rural areas requires prior approval

and sanction of building plan from the Municipal Corporation of Delhi as per the

provisions of Master Plan of Delhi, 2001 and the zonal plan and the building byelaws.

9. In Chapter 7 of Building byelaws there is a specific reference to policy for

sanction of building plans in city area, villages (covered under notification No. RN-

2/173 dated 24th August 1963 only in "Lal dora". Any construction outside the "Lal

dora" shall be subject to approval/sanction of the concerned Authority). What is

permissible in villages is as under:-

1. Building Plans in villages normally be considered only for the plots which

form part of old abadi area in case the following conditions have been fulfilled:

(i) The land use in residential and the construction shall confine maximum to 2-

1/2 storey with maximum permissible coverage FAR and height as per bye-laws.

(ii)It has been certified by the Revenue Department that plot form part of old built up

abadi area.

(iii)That the plot was in existence as an independent plot prior to the formation of the

Corporation.

2. The building cases of such plots which cannot be readily verified as part of

the old abadi area of the village would be considered only on merits in each case with

the additional following documents to be furnished by the applicant:

(i) A certificate from the Delhi Administration that the land is not under

notification for acquisition.

3. In cases of proposals of minor additions and alterations on the plots "which



are located " outside the old abadi area but within the erstwhile Notified Area

Committees of Mehrauli, Najafgarh and Narela would also be considered on merits.

4. For all dead end road or cludosaos upto 500' in length the R.O.W. will be

15' and for all other roads dead end lines above 500' the R.O.W. will be kept 30', except

in villages where redevelopment plans have been received.

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 the notification hereunder:-

"MUNICIPAL CORPORATION OF DELHI

DELHI - the 24th August, 1963.

No. 2 1/1731: In exercise of the power conferred by sub clause (b) (i) of Clause 3

of Sec.507 of the Municipal Corporation Act, 1957 (66 of 1957), the Municipal

Corporation of Delhi has with the previous approval of the Central Government

exempted the rural areas from the provisions of the said Act mentioned in Column 2 of

the Schedule given below in the extent given in Column 4 of the said Schedule.

The said exemption shall be deemed to have come into effect from the 19th day of the

Nov. 1959.

SCHEDULE



S. No. Sections Brief Description Extent

------------------------------------------------------------------------------------

1. 332,333,334, Building Only such portions of the

335,336,342 Regulations Rural areas as lie within the

and 347. village abadies as defined

in revenue

records provided

that

the exemption shall not

apply

to Factories, Ware-

houses, Cold Storages &

Slaughter Houses.

11. On the basis of the decision delivered by a Division Bench of this Court in

the case of Municipal Corporation of Delhi vs. Dalmia Dairy Industries Ltd and Another

32 (1987) DLT 390 it was submitted that there is exemption from the provisions

contained in Chapter XVI of the DMC Act. It was submitted that the notification issued

under Section 507 of the DMC Act would apply to the extended village abadi.

12. On behalf of MCD it was contended before the court that the notification

only applies to village abadi as defined in the revenue records which were in existence at

the time when the notification dated 24.8.1963 was gazetted and it does not apply to the

extended village abadis. However, the Division bench held that there cannot be

restricted meaning as suggested and it would apply to extended village abadis as well. If

the notification is applicable, then as per the Division Bench judgment that may be the

position. It is also required to be noted that the Full Bench of this Court had an

occasion to consider a somewhat similar situation in the case of Municipal Corporation

of Delhi vs. Dalmia Industries Private Limited 2002 (96) DLT 441. In the judgment the

Court has pointed out that "The dispute went upto the Supreme Court and was decided

in favour of respondent lending finality to the issue that the disputed land fell within the

extended village Abadi (Firni) rendering it eligible for exemption from Building



Regulations in terms of notification dated 24.8.1963." So far as public street and other

provisions are concerned, and particularly Sections 312 and 313 the Court pointed out

in para 7 of the judgment as under:-

"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 namely, 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 Sections 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 herein that the land in question having been exempted from

Sections 332 to 336, Sections 312 and 313 would become inapplicable."

13. This Court held that Sections 312 and 313 had not been excluded and

would apply. We are required here to consider subsequent notifications. The

notifications have been issued in exercise of powers conferred under Section 507(1)(b)

of DMC Act and with the prior approval of the Central Government. The localities

mentioned in the schedule forming part of the rural areas are no more rural areas and in

view of these notifications the areas having been declared as urban areas, it cannot be

said that the areas continued to be Lal Dora or extended Abadi area. We reproduce the

notifications which have been issued from 1963 and onwards:-

DELHI ADMINISTRATION

(MUNICIPAL CORPORATION OF DELHI)

NOTIFICATIONS

Delhi, the 23rd May,1963.



No.RNZ/526 :- In exercise of the powers conferred by clause (a) of Section 507 of the

Delhi Municipal Corporation Act, 1957 (66 of 1957) the Corporation with the previous

approval of the Central Government, hereby declares that the following localities

mentioned in the schedule given below below, hitherto forming part of the rural areas,

shall cease to be rural areas:-

SCHEDULE

----------------------------------------------------------------------

S. Name of Name of revenue Particulars of the area

No. the Zone estate proposed to be

Urbanised.

----------------------------------------------------------------------

1. Shahdara Zone Khureji Khas The entire remaining area

of the said revenue

estate

which has not so far

been

urbanized.

2. Civil Line Zone Sadhora Khurd -do-

3. -do- Sadhora Kalan -do-

4. -do- Chaukri Mubarakabad -do-

5. -do- Nemri -do-

6. -do- Dhaka -do-

7. -do- Salimpur Majora -

Madipur.

8. -do- Azadpur -do-

9. -do- Shakur Pur -do-

10. West Zone Madipur -do-

11. -do- Khiala -do-

12. -do- Keshopur -do-

13. -do- Basaidarapur -do-

14. -do- Najafgarh -do-



15. -do- Masudabad -do-

16. -do- Haibatpur -do-

17. South Zone Mehrauli -do-

18. -do- Lado Sarai -do-

19. -do- Khirki -do-

Sd/-

Commissioner

"Notification No. F-9(2)66-Law Corp. Delhi the 28th May,1966

In exercise of the powers conferred by clause (a) of Section 507 of the Delhi

Municipal Corporation, 1957 (66 of 1957) the Corporation, with the previous approval

of the Central Government, hereby declares that the following localities mentioned in the

Schedule below, hitherto forming part of the rural areas, shall cease to be rural areas:

SCHEDULE

-----------------------------------------------------------------------------

S.No. Name of Name of revenue Particulars of the area

Zone estate proposed to be

urbanised.

1 2 3 4

West Delhi

1. Khampur Raya The entire remaining

area of the said

revenue estate

which

has not so far

been

urbanised.

2. Shadipur -do-



3. Naraina -do-

4. Tatarpur -do-

5. Chaukhandi -do-

6. Tehar -do -

7. Nangal Raya -do-

8. Asalatpur -do-

9. Possadgipur -do-

10. Naglijaleb -do-

11. Budhela -do-

II. South Delhi

1. Kilokri The entire remaining

area of the said

revenue estate which

has not so far been

urbanised.

2. Bahlepur -do-

Bhaddar

3. Kotla Mubarakpur -do-

4. Tamur Nagar -do-

(Revenue Estate of

Kilokri)

5. Khizrabad -do-

6. Sarai Juliana -do-

(Revenue Estate

Bahapur)

7. Masihagarh -do-

(Revenue Estate

Bahapur)

8. Joga Bai -do-

9. Okhla -do-

10. Garhi Jharia Meria -do-

11. Zamrudpur -do-

12. Masjid Moth -do-

13. Shahpur Jat -do-



14. Humayunpur -do-

15. Hauz Khas -do-

16. Yusuf Sarai -do-

17. Mohammadpur -do-

18. Munirka (In Revenue -do-

Estate of Modhpur)

19. Jasela -do-

20. Madanpur Khadar -do-

21. Tekchand -do-

22. Sheikh Sarai -do-

23. Begampur -do-

24. Serai Shahji -do-

25. Hauz Rani -do-

26. Adchini -do-

27. Kalu Sarai -do-

28. Ber Sarai -do-

29. Chirag Delhi -do-

30. Katwaria Sarai -do-

31. Basant Nagar -do-

32. Madangir -do-

33. Badarpur -do-

34. Harinagar Ashram (In -do-

Revenue Estate of

Kilokri)

35. Kharara -do-

36. Arakpur Bagh Mochi -do-

(Nazul)

37. Kishangarh (In Revenue -do-

Estate of Mehrauli)

38. Khanpur (Part) -do-

39. Tuglakabad -do

III.North Delhi

1. Dhirpur -do-

2. Malikpur -do-



3. Rajpur Chhawani -do-

4. Bharola -do-

5. Peepal Thala -do-

6. Rampura (Revenue -do-

Estate of Shakurpur)

7. Wazirpur -do-

IV Shahdara Side

1. Kaitwara -do-

2. Ghonda -

do-

3. Mauzpur -do-

4. Khureji Khas -do-

5. Karkar Duma The entire area

except the village abadi

which has already been

declared vide Notifica-

tion No. F/9/5/59 R&S

dated 28.12.1959.

6. Seelampur -do-

7. Shahdara The entire remaining

area of said revenue

estate which has not

so far been urbanised.

8. Gondi -do-

9. Mandavli Fazalpur -do-

10. Ghazipur -do-

11. Kachhimpur -do-

12. Hasanpur -do-

13. Shakarpur Khas -do-

14. Saholi -do-



Notification No. TCO/82/47 Delhi, the 23rd April 1982 -- In exercise of the powers

conferred by clause (a) of Section 507 of the Delhi Municipal Corporation Act, 1957 (66

of 1957), the Corporation with the previous approval of the Central Government hereby

declares that areas mentioned in column 3 of the Schedule below and falling in the

revenue estate/zone as detailed therein hitherto forming part of the rural areas, shall cease

to be rural areas:

SCHEDULE

I. West Delhi (1) Garhi Peeran The old abadi as well as the (2) Nangloi Syed

entire revenue estate of the

(3) Maksoodpur said village declared as

urban.

II.South Delhi (1) Sarai Kalekhan -do-

(2) Nangloi Razapur -do-

(3) Jai Sarai -do-

(4) Mehipal Pur -do-

(5) Lado Sarai -do-

III.North Zone (1) Naharpur -do-

(2) Badli -do-

(3) Rithala -do-

(4) Wazirabad -do-

(5) Samepur -do-

(6) Mangolpur Kalan The entire remaining

areas of the said

revenue estate.

IV.Shahdara

Zone (1) Usmanpur The old abadi as well as the

(2)Mandoli Kachi entire revenue estate of the

(3) Ghonda Neemka said village declared as

(4) Kotla urban.

V. Rural Zone (1) Haiderpur -do-



(2) Sahipur -do-

(3) Mangolpur Khurd -do-

(4) Shalimar Bagh -do-

(5) Jwala Heri The entire remaining areas

(6) Peetampura of the said revenue estate

which have not so far

been urbanised."

MUNICIPAL CORPORATION OF DELHI

NOTIFICATION

Delhi, the 24th October,1994

No.F.33/Engg.TP(DP)/11424/94.-In exercise of the powers conferred by clause (a) of

Section 507 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), the Corporation

with the previous approval of the Government hereby declares that areas mentioned in

column 3 of the Schedule below and falling in the revenue estate/zone as detailed therein

hitherto forming part of the rural areas, shall cease to be rural areas:-

SCHEDULE

----------------------------------------------------------------------

Name of Name of revenue Particulars of the area

the Zone estate proposed to be

Urbanised.

----------------------------------------------------------------------

Najafgarh 1. Palam The old abadi as well

2. Mirzapur as the entire revenue

3. Dabri estate of the said

4. Nasirpur villages declared as

5. Sagarpur urban.

6.Bagdola

7.Sahupura



8.Matiala

9.Bindapur

10.Kakrola

11.Loharhari

12.Toganpur

13.Amberhai

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 one 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

notifications.

FIRE SAFETY

15. The provisions contained in the Delhi Fire Prevention and Fire Safety Act,

1986 (for short Fire Safety Act) and the Rules made thereunder known as the Delhi Fire

Prevention and Fire Safety Rules, 1987 (for short referred to as the Safety Rules) are

applicable to the whole of the Union Territory of Delhi. It is a duty of the nominated



authority under the Fire Safety Act to carry out the provisions contained in the said Act.

An officer not below the rank of a station officer and nominated by the Chief Officer as

well as the Chief Fire Officer appointed under the said Act are required to carry out their

obligations under the Act not only for the prevention of fire but for the safety of the

people at large. Under Section 3 of the Fire Safety Act it is the duty of the nominated

authority to inspect the premises or building having minimum height of 15 meters (rule 4

of the Fire Safety Rule provides this height) and to ascertain the adequacy or

contravention of fire prevention and fire safety measures. As the Act is made applicable

to the whole Union Territory of Delhi wherever in the territory such building is erected it

becomes the duty of the nominated authority to inspect the building for the purpose of

satisfaction that adequate fire safety is provided in order to ensure safety of life and

property. Even the construction of a building which was completed on or before 6th

June, 1983 or which was under construction on such date, it was the duty of the

nominated authority notwithstanding anything contained in any other law for the time

being in force to inspect the premises or building for ascertaining the adequacy or fire

prevention and fire safety measures in such building. It is for the occupier or owner of

such premises or building to provide the fire safety measures as required. Thus reading

these provisions it is very clear that owner/occupier of any building having 15 meters

height erected within the territorial limits of Union Territory of Delhi must provide fire

safety measures. Irrespective of the applicability of the provisions contained in the

NDMC Act or DMC Act or DDA Act or exemption granted under the notification one

must provide fire safety measures if the building is of 15 meters height.

16. It is incorrect to say that this Act is not applicable as under a notification in

past exemption was granted in certain areas from the operation of certain provisions of

the MCD Act. It may be noted that by subsequent notifications the areas have been

covered under different notifications converting areas into urban areas. Consequently

exemptions are no more available from the date of such notification.

17. In view of what is stated hereinabove, it is the duty of the Chief Fire Officer

or nominated authority to inspect the building and if there is any contravention with

regard to the norms or there is deviation or the fire safety measures are inadequate with

reference to the height of the building and nature of activities carried out in such

buildings Chief Fire Officer or the nominated authority must call upon the owner or

occupier to rectify and see that adequate safety measures are provided in accordance



with the Act and Rules.

18. National Building Code of India endeavours to avoid requirements which

might involve unreasonable hardships or unnecessary inconvenience or interference with

normal use and occupancy of buildings, but insists upon compliance with minimum

standards for fire safety necessary in public interest. It may be noted that first version

on this subject was prepared by 1970 and subsequently revised in 1983. As a result of

implementation, some suggestions emerged which have been incorporated in the

Amendment no.3 to National Building Code of India 1983 to the extent possible. The

buildings are divided in various categories such as residential, educational, institutional,

assembly, business, mercantile, industrial, storage and hazardous and again under each

head there are sub divisions. Educational buildings, institutional buildings (hospitals and

Sanatoria, custodial institutions and penal and mental institutions), assembly buildings,

business buildings, mercantile buildings and residential buildings which are indicated

therein are required to provide fire safety as indicated therein. In this matter, the court

is required to examine the requirement of fire fighting installations and not the type of

construction material to be used.. The manner in which the high rise building should be

constructed or the facilities to be provided for the safety of people at large are indicated

which forms the part of building bye laws which are applicable in the Union Territory of

Delhi and therefore we need not refer here specifically.

19. Table 20 indicates minimum requirements for fire fighting installations in

business buildings which may be less than 15 meter in height or 15 meter and above but

not exceeding 30 meter or above 30 meter in height and up to 40 meter or above 40

meter in height. It also indicates minimum requirement for mercantile buildings having

different heights. As indicated above the local authorities are aware that in a mercantile

building or a business building there are large number of visitors and the provisions are

made for safety of the people and property and therefore it is the duty of the

government as well as local authorities to see that fire safety measures as indicated in the

National Building Code are provided. Chief Fire Officer should not be under an

impression that he is required to inspect the buildings having 15 meter height and which

are situated only in urban areas and not in rural areas.

20. Building Byelaws 1983 are made applicable to building activities under the

jurisdiction of Delhi Development Authority. The said building byelaws are applicable

under the jurisdiction of Delhi Municipal Corporation as also New Delhi Municipal



Committee and thus it is a unified code applicable to entire Union Territory. Wherever

there is a jurisdiction of DDA, the authority will be DDA or wherever the authority

having jurisdiction is Delhi Municipal Corporation, the rules or the bye laws are to be

read in that context. Similarly if the area is under the jurisdiction of New Delhi Municipal

Committee the byelaws are to be read as applicable to the NDMC.

21. As noted the DD Act is applicable to the entire territory of Delhi. The Master

Plan for Delhi drawn under the Act has become an Act itself in view of the provisions

contained in the Delhi Development Act. There is a Development Code in the Master

Plan. Clause (1) of the Development Code specifically states that the Development

Code covers the entire Union Territory of Delhi. Clause (2) is the definition clause.

Various zones are indicated in clause (4). The general notes to clause (8) which refers

to control for plots/buildings within used premises makes it clear that the premises for

which the building regulations have not been given shall be exempt by the authority on

the basis of actual requirement and other relevant factor including FAR. 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 from

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 demolished

building as also with altered building. Rule 5.1 prohibits erection of a building without

permission. It reads as under:

"No person shall erect, re-erect or make alterations or demolish any building or cause

the same to be done without first obtaining a separate building permit for each such

building from the authority."

23. Byelaws 6.2.4.1 refers to building plans for multistoried/special buildings.

Bye law 17 refers to fire protection requirement. Byelaw 17.1 reads as under:-



"Buildings shall be planned, designed and constructed to ensure fire safety

and this shall be done in accordance with part 4 Fire Protection of National Building

Code of India, unless otherwise specified in these byelaws. In the case of buildings

"identified in byelaws no. 6.2.4.1", the building schemes shall also be cleared by Chief

Fire Officer, Delhi Fire Service."

Reading this byelaw it becomes very clear that all the buildings which are required to

provide fire safety measures in accordance with National Building Code of India 1983

must provide fire safety measures in view of this rule. However, if it is a high rise

building then the scheme of that building before erection must be cleared by the Chief

Fire Officer, Delhi Fire Service irrespective of the fact that the area is under jurisdiction

of DDA or MCD or NDMC.

DEVELOPMENT LAWS

24. For the purpose of development legislature enacted the law on the subject

known as Delhi Development Act, 1957 which extends to the whole of the National

Capital Territory of Delhi. Sub-clauses (b), (c) and (d) of Section 2 being relevant are

reproduced hereunder:-

(a) xxxxxxx

(b)"building" includes any structure or erection or part of a structure or erection which

is intended to be used for residential, industrial, commercial or other purposes, whether

in actual use or not;

(c)"building operations" includes rebuilding operations, structural alterations of or

additions to buildings and other operations normally undertaken in connection with the

construction of buildings;

(d)"development" with its grammatical variations means the 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;

(e) to (k) xxxxxx

25. Under the DD Act for the purpose of development, the Central Government

may, by a notification in the official gazette, declare any area in Delhi to be a

development area for the purposes of this Act. Section 12 being relevant is reproduced

hereunder:



12 Declaration of development areas and development of land in those and other areas.

(1) As soon as may be after the commencement of this Act, the Central Government

may, by notification in the Official Gazette, declare any area in Delhi to be a

development area for the purposes of this Act:

PROVIDED that no such declaration shall be made unless a proposal for such

declaration has been referred by the Central Government to the Authority and the

Municipal Corporation of Delhi for expressing their views thereon within thirty days

from the date of the receipt of the reference or within such further period as the Central

Government may allow and the period so specified or allowed has expired.

(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out

any development of land in any area which is not a development area.

(3) After the commencement of this Act no development of land shall be undertaken or

carried out in any area by any person or body ( including a department of government)

unless,--

(i) where that area is a development area, permission for such development has been

obtained in writing from the Authority in accordance with the provisions of this Act,

(ii) Where that area is an area other than a development area, approval of, or sanction

for, such development has been obtained in writing from the local authority concerned

or any officer or authority thereof empowered or authorized in this behalf, in accordance

with provisions made by or under the law governing such authority or until such

provisions have been made in accordance with the provisions of the regulations relating

to the grant of permission for development made under the Delhi ( Control of Building

Operations) Act, 1955 ( 53 of 1955), and in force immediately before the

commencement of this Act.

PROVIDED that the local authority concerned may subject to the provisions of Section

53A amend those regulations in their application to such area."

(4) After the coming into operation of any of the plans in any area no development shall

be undertaken or carried out in that area unless such development is also in accordance

with such plans.

(5) Notwithstanding anything contained in sub-sections (3) and (4) development of any

land begun by any department of government or any local authority before the

commencement of this Act may be completed by that department or local authority



without compliance with the requirements of those sub-sections.

Reading the aforesaid provision it is clear that when the area is a development area the

permission for such development has to be obtained in writing from the authority.

However, if the area is other than a development area even then approval of or sanction

for such development is required to be obtained in writing from the local authority

concerned etc. The Act is applicable to the whole of the NCT of Delhi and DDA has

drawn master plan and zonal development plans. If there is no zonal development plans

even then in view of sub-section (3) of Section 12 permission is required. Development

area is defined under sub-clause (1) of Section 2 means an area declared to be a

development area under sub-section (1) of Section 12. Therefore, if area is not declared

as development area under sub-section (1) of Section 12, the area is other than

development area. So far as development area is concerned permission for erection of a

building is required. Reading bye law 3 it is very clear that it is in addition to the

provision of DMC Act, 1957 and the building bye laws shall apply to the

Development/erection & building activity in Union Territory of Delhi under the

jurisdiction of MCD. Reading the building bye laws it is clear that under 1963

notification, which we have referred earlier, what was exempted was certain sections of

building regulations i.e. requirement of a sanction as indicated in Section 332 or making

an application for sanction as contemplated in Section 333 or submitting an application

for additions or to repair or applicability of Sections 335, 336 or 342 or 347. However,

in view of notification of 1963 it could not be urged that building is not to be erected in

consonance with the building regulations but one can erect building as per his whims.

One must know that the building is to be erected as per building regulations or

byelaws. Building bye laws are applicable to the entire territory of Delhi and therefore

when the erection must be according to building bye laws and if the area is not declared

as a development area then the permission from DDA is a must as well as MCD is a

must.

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 or 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 other 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.

27. Section 30A refers to power to seal unauthorized development. Combined

reading of all these sections it is very clear that for any development permission is

required either of DDA or MCD or NDMC or Cantonment Board. Under the

provisions contained in Section 53 of the DD Act permission is required for

development in respect of any land. Section 53 being relevant is reproduced hereunder: -

53. Effect of other laws

(1). Nothing in this Act shall affect the operation of the Slum Areas ( Improvement and

Clearance ) Act, 1956.

(2) Save as otherwise provided in sub-section (4) of Section 30 or sub-section (8) of

Section 31 or sub-section (1) of this section, the provisions of this Act and the rules and



regulations made thereunder shall have effect notwithstanding anything inconsistent

therewith contained in any other law.

(3) Notwithstanding anything contained in any such other law -

(a) when permission for development in respect of any land has been obtained under

this Act such development shall not be deemed to be unlawfully undertaken or carried

out by reasons only of the fact that permission, approval or sanction required under

such other law for such development has not been obtained.

(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.

29. At this juncture it would also be relevant to note that under Section 481 of

DMC Act regulations are required to be made. Under head note F of Section 481 bye

laws have been made for improvement. Reading of all the clauses together it is clear that

building bye laws are made under these provisions and therefore buildings which are to

be erected within the area of Union Territory of Delhi under the jurisdiction of MCD

cannot be erected without the building meeting with the requirements of building bye

laws.

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 made 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

1.10.1993 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 lands 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 in 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 land 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.

31. It is also required to be borne in mind that provisions contained in Section

346 are made applicable even in lal dora or abadi areas. The notification has not

exempted the rural areas from the provision of Section 346 of the DMC Act and

therefore even in these areas completion certificate will be required by any one whoever

is erecting a building. Intentions of the legislature is very clear that the person may erect

a building according to bye laws and he must get a completion certificate before

occupying a building. May be that looking to the area in those days which were used

for the purpose of agricultural operations the State Government granted exemption from

certain provisions only and not all and in view of this wherever building is erected in the

area under jurisdiction of DMC Act one is bound to apply to the Commissioner under

Section 346 of the Act before occupying a building. Section 346 contemplates that

every person who employs a licensed architect or engineer or a person approved by the

Commissioner to design or erect a building or execute any work shall within one month

after the completion of the erection of the building or execution of the work give a notice

in writing of such completion accompanied by a certificate in the prescribed bye laws

made in this behalf. Reading this provision there is no escape from saying that the

completion certificate is required.

32. Section 343 refers to order of demolition and stoppage of building and

works. Though there is a reference to Section 336, the provision which is exempted in



lal dora areas, however that Section points out the erection of building or execution of

any work has been commenced or is being commenced or has been completed in

contravention of any of the provisions of the DMC Act or bye laws made thereunder,

the Commissioner may, in addition to any other action that may be taken under this

Act, make an order directing that such erection or work shall be demolished. If one is

required to take a sanction as referred to in Section 336 then he was not required to

obtain such a sanction as the rural areas were exempted once upon a time from the

operation of Section 336 of the Act. But after subsequent notifications converting rural

areas into urban areas, permission is a must even under Section 336 of DMC Act. It

cannot be said that the provisions of Section 343 also would not apply. In the opinion

of the court if the erection of building is in contravention of any of the provisions of

DMC Act or the Rules or bye laws made therein action can be taken. Therefore, in the

opinion of the court if the erection of a building is contrary to the bye laws then

irrespective of sanction, action can be taken for demolition.

33. Reading all these provisions together it appears that development can be

carried out only with approval or sanction of authority concerned and the erection of a

building must be as per the building bye laws as also according to National Building

Code of India and if there is any violation it is always open for the competent authority

to take action and in view of this it is directed that the Chief Fire Officer shall take

immediate action in the matter and shall see that fire safety measures are provided in high

rise buildings or business buildings or mercantile buildings in accordance with building

bye laws and the provisions contained in National Building Code of India and if there is

any contravention, shall take action as indicated in the provisions contained in the Fire

Safety Act forthwith. He shall also carry out directions issued in the main petition which

we have incorporated in the earlier part of our judgment.

34. We may clarify that we have not dealt with the permissible use of the land in

accordance with the zone as per development plan or master plan as prescribed in the

Delhi Development Act. It may not be understood that this decision will permit erection

of the buildings in contravention of the regulations made for different zones such as

residential, commercial, industrial, agricultural etc.

35. The application is disposed of with the aforesaid directions.



August ,2004 A.K. SIKRI, J

CHIEF JUSTICE



lal-dora_in the high court of delhi at new delhi

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