# VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS

- **Citation:** [2022] 7 S.C.R. 833
- **Court:** Supreme Court of India
- **Decided:** 2022-08-11
- **Case number:** Civil Appeal No. 5244 of 2022
- **Bench:** Indira Banerjee, V. Ramasubramanian
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/vikas-singh-v-govt-of-nct-of-delhi-ors-36354
- **Pages:** 68

## Headnote

Urban Development: Delhi Fire Service Rules 2010: rr. 27,
28, 33, 34 to 37, 39, 40 and 42 - Sanction for revised building plan
- Failure and/or refusal of South Delhi Municipal Corporation
(SDMC) - Appellant, owner of premises applied to SDMC for
sanction of a building plan for construction of residential building
as per the bye-laws - Height of the building shown as 15 meters
including stilt as permissible as per bye-Laws - Plan duly sanctioned
- Subsequently, the Ministry amended the Master Plan for Delhi -
Appellant applied for sanction of Revised Building Plan - However,
the same was not sanctioned for want of fire clearance - As per the
amendment, maximum height of the building would be 15 meters, in
plots without stilt parking and buildings upto 17.5 metres in height,
with stilt parking, and such residential building were not to be
considered as high rise building - Amendment also required that
clearance of the Fire Department would be obtained by the
individual plot owner - Height of the appellant's building was 16.6
with the parking stilt, which was well below 17.5 meters as provided
in the Master Plan - Writ Petition by the appellant challenging
refusal of SDMC to sanction a revised plan; and seeking setting
aside of s. 27(2) - Dismissed by the High Court - On appeal, held:
In view of the amendment to the Master Plan for Delhi 2021, a
building with stilts which is 17.5 meter or less in height cannot be
considered as a high rise building - If a building is not a high rise
building, it will not be a multi-storied building - Under clause 8.0
of the Unified Building Bye-Laws for Delhi 2016, clearance from
Delhi Fire Service is mandatory only for High Rise Building -
However, the building of the appellant, under construction is not a
High Rise Building - Thus, clearance from the Delhi Fire Service is
not mandatory for sanction of the Revised Building Plan submitted
by the appellant - No doubt the appellant must comply with safety
[2022] 7 S.C.R. 833
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requirements including fire requirements necessary for buildings
which are not high rise - However, rules applicable to High Rise
buildings cannot be applied to buildings which are not High Rise
Buildings - Thus, the High Court erred in not directing the SDMC
to approve the revised plan of the appellant - Order passed by the
High Court is quashed and set aside - SDMC to take decision on
the application for sanction of Revised Plan within the stipulated
time - Delhi Development Act 1957 - Delhi Development (Master
Plan and zonal Development Plan) Rules, 1959 - Delhi Municipal
Corporation Act, 1957 - New Delhi Municipal Council Act, 1994 -
Unified Building bye-Laws for Delhi, 2016 - Delhi Fire Service
Act, 2007 - ss. 2, 32 to 35 - Development Code of Master Plan and
the Building Bye-laws 1983.
Delhi Fire Service Rules, 2010: r 27 - Classes of occupancies
likely to cause a risk of fire - Writ petition seeking amendment of r.
27 to bring the same in conformity with the master plan, as amended
whereby building taller than 15 metres (without stilt) and 17.5 metres
(including stilt) in all south zone would be considered as high rise
building - Held : There are no cogent grounds of challenge to r 27
- Height prescriptions differ from place to place, based upon
in-depth study and consideration of all relevant factors - A
meaningful purposive construction of r. 27 is required, in the light
of the DD Act and the applicable Building Bye-laws r/w the Master
Plan, as amended - Thus, the challenge to r 27(2) was misconceived
and the High Court rightly rejected the challenge.
Partly allowing the appeal, the Court
HELD: 1.1 Rule 27 of the Fire Service Rules, enumerates
the classes of occupancies which are likely to cause risk of fire.
Residential buildings (other than hotels and guest houses), having
height above 15 meters or having ground plus four upper storeys,
including Mezzanine floors are deemed to cause risk of fire. [Para
72

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VIKAS SINGH
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 5244 of 2022)
AUGUST 11, 2022
[INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.]
Urban Development: Delhi Fire Service Rules 2010: rr. 27,
28, 33, 34 to 37, 39, 40 and 42 - Sanction for revised building plan
- Failure and/or refusal of South Delhi Municipal Corporation
(SDMC) - Appellant, owner of premises applied to SDMC for
sanction of a building plan for construction of residential building
as per the bye-laws - Height of the building shown as 15 meters
including stilt as permissible as per bye-Laws - Plan duly sanctioned
- Subsequently, the Ministry amended the Master Plan for Delhi -
Appellant applied for sanction of Revised Building Plan - However,
the same was not sanctioned for want of fire clearance - As per the
amendment, maximum height of the building would be 15 meters, in
plots without stilt parking and buildings upto 17.5 metres in height,
with stilt parking, and such residential building were not to be
considered as high rise building - Amendment also required that
clearance of the Fire Department would be obtained by the
individual plot owner - Height of the appellant's building was 16.6
with the parking stilt, which was well below 17.5 meters as provided
in the Master Plan - Writ Petition by the appellant challenging
refusal of SDMC to sanction a revised plan; and seeking setting
aside of s. 27(2) - Dismissed by the High Court - On appeal, held:
In view of the amendment to the Master Plan for Delhi 2021, a
building with stilts which is 17.5 meter or less in height cannot be
considered as a high rise building - If a building is not a high rise
building, it will not be a multi-storied building - Under clause 8.0
of the Unified Building Bye-Laws for Delhi 2016, clearance from
Delhi Fire Service is mandatory only for High Rise Building -
However, the building of the appellant, under construction is not a
High Rise Building - Thus, clearance from the Delhi Fire Service is
not mandatory for sanction of the Revised Building Plan submitted
by the appellant - No doubt the appellant must comply with safety
[2022] 7 S.C.R. 833
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requirements including fire requirements necessary for buildings
which are not high rise - However, rules applicable to High Rise
buildings cannot be applied to buildings which are not High Rise
Buildings - Thus, the High Court erred in not directing the SDMC
to approve the revised plan of the appellant - Order passed by the
High Court is quashed and set aside - SDMC to take decision on
the application for sanction of Revised Plan within the stipulated
time - Delhi Development Act 1957 - Delhi Development (Master
Plan and zonal Development Plan) Rules, 1959 - Delhi Municipal
Corporation Act, 1957 - New Delhi Municipal Council Act, 1994 -
Unified Building bye-Laws for Delhi, 2016 - Delhi Fire Service
Act, 2007 - ss. 2, 32 to 35 - Development Code of Master Plan and
the Building Bye-laws 1983.
Delhi Fire Service Rules, 2010: r 27 - Classes of occupancies
likely to cause a risk of fire - Writ petition seeking amendment of r.
27 to bring the same in conformity with the master plan, as amended
whereby building taller than 15 metres (without stilt) and 17.5 metres
(including stilt) in all south zone would be considered as high rise
building - Held : There are no cogent grounds of challenge to r 27
- Height prescriptions differ from place to place, based upon
in-depth study and consideration of all relevant factors - A
meaningful purposive construction of r. 27 is required, in the light
of the DD Act and the applicable Building Bye-laws r/w the Master
Plan, as amended - Thus, the challenge to r 27(2) was misconceived
and the High Court rightly rejected the challenge.
Partly allowing the appeal, the Court
HELD: 1.1 Rule 27 of the Fire Service Rules, enumerates
the classes of occupancies which are likely to cause risk of fire.
Residential buildings (other than hotels and guest houses), having
height above 15 meters or having ground plus four upper storeys,
including Mezzanine floors are deemed to cause risk of fire. [Para
72][888-E-F]
1.2. Under Rule 28 the minimum height of the buildings,
for the purposes of sub-section (1) of Section 33 and subsection
(1) of Section 35 of the Fire Service Act, would be, as specified in
Rule 27, that is, height more than 15 meters or ground plus four
upper storeys in case of residential buildings. Height more than
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15 metres would necessarily have to be construed as height more
than 15 metres without stilt parking or excluding the height of
stilt parking within the limits as prescribed. [Para 73][888-G]
1.3. Building bye-laws have been defined in Section 2(c) to
mean bye- laws made under the Delhi Cantonment Act, 1924,
the Delhi Municipal Corporation Act 1957, the New Delhi
Municipal Council Act, 1994 or the regulations made under subsection (1) of Section 57 of the Delhi Development Act, 1957 or
the bye-laws made by the Central Government by publication in
the Official Gazette, relating to buildings in Delhi. The prevalent
bye-laws and in particular 1.3.3 of the Unified Building Bye-Laws
issued by the DDA makes it amply clear that the words and
expressions used in the bye-laws would have the same meaning
or sense as in the DD Act. Bye-law 1.3.3 makes it absolutely
clear that all Master Plan/Development Control Regulations
regarding use, coverage, F.A.R., set-backs, open spaces, height,
number of storeys, number of dwelling units, parking standards
etc. for various categories of buildings including modifications
therein made from time to time shall be applicable mutatismutandis to the Building Regulations. In view of the Master Plan
read with building bye-laws, high rise building/multi-storeyed
building would mean a building taller than 15 meter without stilt
or 17.5 metre with stilt. [Para 82][890-C-F]
1.4. "Multi-storeyed building" is defined in Section 2(s) of
the Fire Service Act to mean a building with such minimum height,
as may be prescribed under the rules in this behalf, and notified
to the Director by the local authority. "local authority" has been
defined in Section 2(q) of the Fire Service Act to mean the Delhi
Cantonment Board established under the Cantonment Act, 1924,
the Delhi Development Authority, the Municipal Corporation of
Delhi, the New Delhi Municipal Council Act or any other Authority
under any other law which might be notified in this behalf by the
Central Government or the Government, as the case may be.
[Para 83][890-G-H]
1.5. In the absence of any specific prescription of height in
terms of Section 2(s) of the Delhi Fire Service Act or notification
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS.
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to the Director, the Master Plan read with the applicable Building
Bye-laws, is to be deemed the prescribed height notified in terms
of Section 2(s). The prescribed height is deemed to be height
not exceeding 15 meters without parking stilt and/or excluding
the height of the stilt parking, upto the maximum limit permitted.
[Para 84][891-A-B]
1.6. Rule 27(2) which reads Residential Buildings (other
than hotels and guest houses) having height more than 15 meters
or having ground plus four upper storeys including mezzanine
floor, has to be construed as residential building having height
more than 15 meters excluding stilt. It is implicit in the Fire Safety
Rules that only buildings with stilt parking, exceeding 17.5 meters
in height, would be considered as high rise building and/or multistoreyed building.[Para 85][891-C]
1.7 The prayers in the Writ Petition filed in the High Court
for amendment of Rule 27 of the Fire Service Rules are
misconceived. There are no cogent grounds of challenge to Rule
27 of the Fire Service Rules. Height prescriptions differ from
place to place, based upon in depth study and consideration of all
relevant factors. There could be no question of this Court
directing the Lieutenant Governor of the National Capital
Territory of Delhi to amend Rule 27. What is required is a
meaningful purposive construction of Rule 27, in the light of the
DD Act and the applicable Building Bye-laws read with the Master
Plan, as amended. The challenge to Rule 27(2) was misconceived.
It is also well settled that orders in the nature of Mandamus
directing a rule making authority to amend Rules is not granted
by the High Court in proceedings under Article 226 of the
Constitution. The High Court rightly rejected the challenge to
the said Rule, however erred in dismissing the Writ Petition
without granting any relief to the appellant. [Paras 86, 96, 97][891D-E; 898-A-B]
1.8 There can be no doubt that any construction has to
conform to regulations made in the larger interest of the
inhabitants of the city, to protect environment, prevent fire,
prevent accidents, provide for essential amenities etc. There can
also be no doubt that regulatory provisions for construction
activities are in public interest. At the same time a building which
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is not a high rise building as per the applicable rules or regulation
cannot be compelled to comply with fire prevention and fire safety
regulations applicable to high rise buildings. [Paras 91, 92][897B-C]
1.9 The appellant had got a plan sanctioned from the MCD
on 15.07.2013. At that time the height of the building permissible
under Bye-laws was 15 metres which included the stilt, which
had been made mandatory. Upon amendment of the Master Plan
by Notification dated 23.09.2013 published on 21.10.2013
maximum height of the building was prescribed as 15 metres
without stilt parking and 17.5 metres with stilt parking. After the
amendment, the Master Plan provides that buildings up to 15
metres without stilt parking and 17.5 metres with stilt parking
are not be to considered as high rise and for the purpose of fire
and life safety requirements, clearance of Fire Department was
to be obtained by the individual plot owner. The appellant was
entitled in law to take advantage of the amended Master Plan for
Delhi and he accordingly applied to SDMC for sanction of revised
plan on 20.01.2014. The revised plan was referred to the Delhi
Fire Service Authorities by SDMC on 22.01.2014. [Para 93][897C-F]
1.10. Under clause 8.0 of the Unified Building Bye-Laws
for Delhi 2016, clearance from Delhi Fire Service is mandatory
only for High Rise Building. The Building of the appellant, under
construction is not a High Rise Building. Clearance from the Delhi
Fire Service is therefore, not mandatory for sanction of the
Revised Building Plan submitted by the appellant. There can be
no doubt that the appellant must comply with safety requirements
including fire requirements necessary for buildings which are not
high rise. However, rules applicable to High Rise Buildings cannot
be applied to buildings which are not High Rise Buildings. [Para
94, 95][897-F-H]
1.11. Admittedly the building in question does not exceed
17.5 meter with parking stilt. Height exceeding 15 meter to
qualify as high rise building must be construed as height
exceeding 15 meter without stilt parking and/or excluding the
permissible height of stilt parking as per the building regulations
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read with the Master Plan of Delhi. The building in question is
not a high rise building. [Para 98][898-C]
1.12. Irrespective of whether fire clearance is mandatory
in respect of the buildings, which are not high rise, it is open to
the SDMC to get clearance from the fire service authorities to
ensure that fire safety measures are not contravened. However,
fire clearance is granted subject to compliance of minimum
standards for fire prevention and fire safety in respect of the kind
of occupancy as provided in the building bye-laws and/or the
National Building Code of India. Provisions of Building
Regulations and/or Bye-laws and/or National Building Code, not
applicable to high rise buildings are not attracted in the case of
the building in question. [Para 99][898-D-E]
1.13. The Fire Service Authorities can only ensure that the
buildings comply with fire safety requirements, if any, applicable
to residential buildings, which do not fall within the ambit of high
rise buildings. The submission that the Fire Service Authorities
do not have ladders of adequate length to tackle outbreak of fire
in buildings exceeding 15 meter is fallacious and cannot be ground
to deny the owner of property, the right to carry out construction
at his property, in accordance with the applicable building laws,
read with the Master Plan for Delhi, and thereby deprive the
owner of his right to effectively utilise his property. [Paras 100,
101][898-F-G]
1.14 There is no prohibition on construction of buildings
exceeding 15 meters in height. The dispute is with regard to
classification of the buildings- Whether such buildings are to be
classified as high rise and subjected to specific Rules and
Regulations applicable to high rise buildings. The difference in
height is only about 4/5 feet. The height is well within 17.5 meter
with stilt parking as provided in the Master Plan. If the Delhi
Fire Service Department does not have ladders to tackle fire in
buildings exceeding 15 meters even by a few feet, existing
buildings exceeding 15 Meters in height and their inhabitants
are doomed. It is preposterous to even think that multi-storeyed
buildings would be left to their own fire fighting facilities and their
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own existing staircase in case of outbreak of fire. The argument
seems preposterous. If the Fire Service authorities do not have
adequate fire fighting equipment, they would necessarily have to
acquire the same in the interest of the people.[Para 102][898-H;
899-A-C]
1.15. The Court need not go into the question of whether
any clearance of the Fire Service Authorities is at all necessary.
However, in view of the amendment to the Master Plan for Delhi
2021, as amended in September, 2013 by S.O. No. 678(E) dated
4th March 2014, a building with stilts which is 17.5 meter or less
in height cannot be considered as a high rise building. If a building
is not a high rise building, it will not be a multistoried building.
[Para 103][899-C-D]
1.16. SDMC cannot keep sanction of the Revised Building
Plan submitted by the Appellant, way back in January, 2014, in
abeyance indefinitely. Nor can sanction be rejected on the ground
of non-compliance of fire service requirements applicable to
multi-storied/high rise buildings. A decision with regard to
sanction has to be taken within the time stipulated in Clause 2.3.1
of the Unified Building Bye-laws. Under Clause 2.3.3(b) of the
Unified Building Bye-laws, approval/refusal of agencies, such as
Delhi Fire Service must be intimated within 15 days, or the time
stipulated in Chapter III of the Unified Building Bye-Laws,
whichever is earlier. A decision has to be taken by the Fire Service
Authorities within a maximum period of 15 days. It hardly need
be mentioned that in case of refusal, reasons are mandatory, for
compliance with principles of natural justice. It may however, be
open to the SDMC to obtain the opinion of the Fire Service
Authorities. It is made clear that objections would not be raised
on the sole ground of non-compliance of rules not applicable to a
residential building which is not a high rise building. A decision
shall immediately be taken on the application for sanction of
Revised Plan submitted on 14th January 2014 in the light of the
observations made, keeping in view the timelines stipulated in
Clause 2.3.1 of the Unified Building Bye-laws. [Para 104][899-EH]
1.17. The SDMC may in its discretion seek clearance from
the Fire Service Authority, but such clearance shall not be withheld
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on the ground of noncompliance of requisites applicable to high
rise buildings, or on the frivolous ground of unavailability of
ladders of adequate size to carry out inspection. If no views are
expressed within the time as stipulated in the Unified Building
Bye-laws and in particular Clause 2.3.3 thereof, clearance will be
deemed to have been granted. [Para 105][900-A-B]
1.18 The impugned order rejecting the Revised Building
Plan is set aside and quashed. [Para 106][900-C]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5244
of 2022.
From the Judgment and Order dated 20.01.2016 of the High Court
of Delhi at New Delhi in Writ Petition (C) No.1476 of 2014.
A. D. N. Rao, (Amicus Curiae)
Nidhesh Gupta, Sr. Adv., Ms. Deepika Kalia, Kapish Seth, Ms.
Pallavi Singh, Mrityunjay Singh, Ms. Priyanka Khosla, Ms. Kanika Chugh,
Nimish Seth, Lakshmi Raman Singh, Advs. for the Appellant.
Ms. Aishwarya Bhati, K.M. Nataraj, ASGs, V. Balaji, Raghavendra
S. Srivastava, Ms. Poornima Singh, Ms. Manisha Chava, Ms. Priyanka
Das, G.S. Makker, B. V. Balaram Das, Vishnu B. Saharya, Viresh B.
Saharya, Akshat Agarwal for M/s. Saharya & Co., Ms. Vandana Sehgal,
Amrish Kumar, Advs. for the Respondents.
The Judgment of the Court was delivered by
INDIRA BANERJEE J.
1. Leave granted.
2. This appeal is against a judgment and order dated 20th January
2016, passed by a Division Bench of the High Court of Delhi, dismissing
the Writ Petition being W.P.(C) No.1476 of 2014 filed by the Appellant,
against the failure and/or refusal of South Delhi Municipal Corporation
(SDMC) to sanction a revised plan, submitted by the Appellant, in respect
of a residential building at C-319, Defence Colony, New Delhi-110024,
and seeking consequential reliefs, including orders/directions setting aside
Rule 27(2) of the Delhi Fire Service Rules 2010 and orders/directions,
commanding the Respondents to amend the said rule.
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3. The High Court, however, directed that the Appellant would be
entitled to apply to the SDMC for regularisation of his construction at
the premises in question.
4. By a registered deed of conveyance dated 15th January 2013,
the Appellant purchased premises No.C-319, Defence Colony, New
Delhi- 110024, with a view to construct a residential building thereat.
The Appellant is the owner of the said premises.
5. Soon thereafter, the Appellant applied to the SDMC for sanction
of a building plan for construction of a building at the said premises, in
accordance with the Development Code of Master Plan and the Building
Bye-laws 1983. The height of the building was shown as 15 meters
including the stilt, as permissible as per the Building Bye-laws 1983,
being the building regulations prevailing at the material time.
6. The building plan submitted by the Appellant was duly sanctioned
on 15th July 2013. However about two months later, the Ministry of
Urban Development (Delhi Division) amended the Master Plan for Delhi
by a notification dated 23rd September 2013, which was published in
the Official Gazette on 21st October 2013. Thereafter, the Appellant
applied for sanction of a Revised Building Plan. The Revised Building
Plan has not been sanctioned.
7. The Delhi Development Act 1957, hereinafter referred to as
the "DD Act", was enacted by Parliament for the development of Delhi,
according to plan and for matters ancillary thereto.
8. 'Building' is defined in Section 2(b) of the DD Act to include
"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."
9. Section 2(d) of the DD Act defines 'development' as follows:-
"2(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."
10. Some of the relevant provisions of the DD Act are set out
hereinbelow for convenience: -
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS.
[INDIRA BANERJEE J.]
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"7. Civic survey of, and master plan for Delhi.-(1) The
Authority shall, as soon as may be, carry out a civic survey
of, and prepare a master plan for, Delhi.
(2) The master plan shall-
(a) define the various zones into which Delhi may be
divided for the purposes of development and indicate
the manner in which the land in each zone is proposed
to be used (whether by the carrying out thereon of
development or otherwise) and the stages by which
any such development shall be carried out; and
(b) serve as a basic pattern of frame-work within which
the zonal development plans of the various zones may
be prepared.
(3) The master plan may provide for any other matter which
is necessary for the proper development of Delhi.
***
11-A. Modifications to plan.-(1) The Authority may make
any modifications to the master plan or the zonal development
plan as it thinks fit, being modifications which, in its opinion,
do not effect important alterations in the character of the plan
and which do not relate to the extent of land-users or the
standards of population density.
....
(7) Any reference in any other Chapter, except Chapter III, to
the master plan or the zonal development plan shall be
construed as a reference to the master plan or the zonal
development plan as modified under the provisions of this
section.
12. Declaration of development areas and development of
land in those and other areas.-
...
(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,-
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(i) where that area is a development area, permission for
such development has been obtained in writing from the
Authority in accordance with the provision 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
authorised 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 53-A amend those regulations in
their application to such area.
13. Application for permission.-(1) Every person or body
(including a department of Government) desiring to obtain
the permission referred to in Section 12 shall make an
application in writing to the Authority in such form and
containing such particulars in respect of the development to
which the application relates as may be prescribed by
regulations.
...
(3) On the receipt of an application for permission under subsection (1), the Authority after making such inquiry as it
considers necessary in relation to any matter specified in
clause (d) of sub-section (2) of Section 8 or in relation to any
other matter, shall, by order in writing, either grant the
permission, subject to such conditions, if any, as may be
specified in the order or refuse to grant such permission:
Provided that before making an order refusing such
permission, the applicant shall be given a reasonable
opportunity to show cause why the permission should not be
refused.
VIKAS SINGH v. GOVT. OF NCT OF DELHI & ORS.
[INDIRA BANERJEE J.]
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(4) Where permission is refused, the grounds of such refusal
shall be recorded in writing and communicated to the applicant
in the manner prescribed by regulations."
***
53. Effect of other laws.-(1) Nothing in this Act shall affect
the operation of the Slum Areas (Improvement and Clearance)
Act, 1956 (6 of 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
reason 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.
53A. Restriction on power of a local authority to make rules,
regulations or bye-laws in respect of certain matters.-(1)
Notwithstanding anything contained in any law for the time
being in force, no rule, regulation or bye-law shall be made
or amended by a local authority in respect of matters specified
in sub- section (2) unless the Authority, upon consideration
of such rule, regulation or bye- law, certifies that it does not
contravene any of the provisions of the Master Plan or the
Zonal Development Plan.
(2) The matters referred to in sub-section (1) are the following,
namely:-
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(a) water supply, drainage and sewage disposal;
(b) erection and re-erection of buildings, including grant
of building permissions, licences and imposition of
restrictions on use and sub-division of buildings;
(c) sub-division of land into building sites, roads and
lanes, recreational sites and sites for community
facilities; and
(d) development of land, improvement schemes, and
housing and rehousing schemes.
***
58. Laying of rules and regulations before Parliament.- Every
rule and every regulation made under this Act shall be laid,
as soon as may be after such rule or regulation is made, before
each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the rule or regulation, or both Houses
agree that the rule or regulation should not be made, the rule
or regulation shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule or regulation."
11. The Delhi Development Authority (DDA) was constituted by
the Central Government in 1957, by a notification issued in the Official
Gazette under Section 3(1) of the DD Act.
12. In exercise of powers conferred by sub-section (1) of Section
56 of the DD Act read with Clauses (e), (g) and (r) of sub-section (2) of
the aforesaid Section, the Central Government made the Delhi
Development (Master Plan and Zonal Development Plan) Rules, 1959
(hereinafter referred to as "MP&ZD Rules). Some of the relevant
provisions of the MP&ZD Rules are as follows:-
"3. Civic Survey. - The civic survey to be carried out by the
Authority may include survey and analysis of the physical,
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economic and sociological features of Delhi, with reference to
natural resources distribution of a population, industry,
communications, housing requirements and such other matters as
in the opinion of the Authority, relate to the development of Delhi.
4. Form and contents of Master Plan. -
.....
(3) The draft master plan may include all or any of the following:
...
(b) "a land use plan" based upon such survey of the present use
of land as may be necessary as well as analysis of estimated
future needs and consisting of comprehensive proposals for the
most desirable utilisation of land such as land agricultural,
government, commercial, industrial, residential, cultural, educational,
recreational, transportation and other activities;
...
(d) "a public utilities plan" consisting of proposals for
provision of water, electricity, drainage and disposal of
sewage and refuse;
(e) "a housing plan" consisting of estimates of housing
requirements and proposals relating to standards of new
housing units;
5. Public Notice regarding preparation of Master Plan. - (1)
As soon as may be after the draft master plan has been
prepared, the Authority shall publish a public notice stating
that -
(a) the draft Master Plan has been prepared and may be
inspected by any person at such time and place may be
specified in those notice;
(b) suggestions and objections in writing, if any, in respect
of the draft master plan may be filed by any person with
the secretary of the Authority within 90 days from the date
of first publication of the notice.
Provided that where the Central Government considers it
expedient so to do for the purpose of maintenance of public
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order or in case of any exigency likely to affect the interest
of the public it may require such suggestions and objection
to be filed within in period of three days from the date of
the notice.
(2) This notice may be in Form A appended to these rules
without modification with such modification as may be
necessary.
6. Mode of Publication of Public Notice. - The Authority shall
cause the said notice to be published in the manner prescribed
by section 44 of the Act and may also cause it to be published
in the Official Gazette.
...
11. Preparation of final draft Master Plan and its submission
to Central Government. - The Authority shall, after
considering the report of the Board and any other matter it
thinks fit, finally prepare the master plan and submit it to the
Central Government for its approval.
12. Amendment of Master Plan. - The Authority may amend
the whole or any part of the master plan, if necessary, at the
expiry of every five years in accordance with the procedure
prescribed by the Act and these rules as if the proposed
amendment were new master plan.
Provided that if the Authority is of opinion that having regard
to the circumstances prevailing at any particular time it is
necessary so to do, it may amend the master plan or any part
thereof at any time prior to the expiry of the said period, in
accordance with the aforesaid procedure..."
13. By a notification being S.O. 141(E), New Delhi, dated
7th February 2007 published in the Gazette of India, Extraordinary, Part
II Section 3 sub-section (ii), the Central Government approved the Master
Plan for Delhi with the perspective for the year 2021. The Master Plan
has from time to time been amended/modified. The Master Plan regulates
and/or controls the construction of buildings including residential premises
in the National Capital Territory of Delhi.
14. By an S.O. 2894(E) dated 23rd September 2013, sub clause
(iii) of para 4.4.3A of the Master Plan for Delhi was modified and/or
amended to read:-
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"(iii). Maximum height of the building shall be 15m in plots
without stilt parking and 17.5m in plots with stilt parking. Such
residential building shall not be considered as high-rise building.
For the purpose of fire and life safety requirements, clearance
of Fire Department will be obtained by the individual plot
owner."
15. Before amendment/modification by S.O.2894/(E) dated
23rd September 2013, sub-clause (iii), provided that the maximum height
of the building in all plots was to be 15 meters. Clause 4.4.3A (iii) as
framed, read "Height: The maximum height of the building in all plots
must be 15 metres". After the amendment as aforesaid, Clause
4.4.3A(iii) provides that maximum height of a building shall be 15 meters,
in plots without stilt parking and 17.5 meters in plots with stilt parking.
Such residential building shall not be considered as high-rise building.
For the purpose of fire and life safety requirements, clearance of Fire
Department will be obtained by the individual plot owner.
16. Sub-clause (vii) of Clause 4.4.3A of the Master Plan reads:-
"(vii) Stilts: If the building is constructed with stilt area of nonhabitable height(less than 2.4 m), used for parking, such stilt
area shall not be included in FAR but would be counted towards
the height of the building."
17. Sub-clause (vii) clarifies that the stilt would be counted towards
the height of the building for the purpose of measuring the total height of
the building, but would not be included in the FAR (Floor Area Ratio), if
of non-habitable height. An owner of a building with stilt parking, for
example, cannot claim exclusion of the height of the stilt for the purpose
of computing the maximum height of 17.5 Meters. The stilt of nonhabitable height would not make any difference to the F.A.R. required
to be maintained.
18. Chapter 17.0 of the Master Plan provides for a Development
Code to promote quality of built environment, by organising the most
appropriate development of land, in accordance with the development
policies and land use proposals contained in the Plan.
19. Clauses 3(11), 3(12) and 3(13) of Chapter 17.0 of the Master
Plan in relation to sanction of plans are set out hereinbelow for
convenience:-
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"3(11) Layout Plans / Site Plans and Building plans shall be
approved by the Local Bodies and Authority in their areas of
jurisdiction.
3(12) Authority / Local Body(s) shall be empowered after
levying penalty to compound deviations from limits of
coverage/ FAR to the extent of 5% of the permissible coverage
and FAR, subject to maximum of 13.5 sqm. in building(s) /
premises at the time of considering the completion / occupancy
certificate. In Group Housing schemes and Public & semipublic facilities, 5% FAR beyond permissible FAR can be
compounded by the authority / Local Body at the time of
considering the completion/occupancy certificate.
3(13) Wherever required, the Technical Committee of the DDA
shall formulate policy guidelines for the sanctioning of local
area plans, layout plans, comprehensive schemes, redevelopment schemes, urban renewal schemes and multistoreyed buildings in all land use categories. The Technical
Committee shall be empowered to call for the plans from the
development organisations / Local Bodies and would give
directions / recommendations wherever necessary."
20. Clause 8(7)(a) of Chapter 17.0 of the Master Plan defines
High Rise Buildings as follows:-
"8(7)(a) Buildings taller than 15m. (without stilt) and
17.5 m. (including stilt) in all use zones will be considered
as a High Rise Buildings."
21. Chapter XVI of the Delhi Municipal Corporation Act, 1957
(hereinafter referred to as the "DMC Act" contains regulatory provisions
for erection/ re-erection of buildings. The provisions of the DMC Act
regulating the erection of buildings does not specify any specific height
for buildings.
22. Section 330-A of the DMC Act incorporated with effect from
01.10.1993 provides that the Commissioner is to exercise his powers
and discharge his functions under the chapter, under the general
superintendence, direction and control of the Central Government. Some
of the relevant sections of the said chapter are set out herein below for
convenience.
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331. Definition.-In this Chapter, unless the context otherwise
requires, the expression "to erect a building" means-
(a) to erect a new building on any site whether previously
built upon or not;
(b) to re-erect.-
(i) any building of which more than one-half of the cubical
contents above the level of the plinth have been pulled down,
burnt or destroyed, or
(ii) any building of which more than one-half of the superficial
area of the external walls above the level of the plinth has
been pulled down, or
(iii) any frame building of which more than half of the number
of the posts or beams in the external walls have been pulled
down;
...
332. Prohibition of building without sanction.-No person
shall erect or commence to erect any building, or execute any
of the works specified in section 334 except with the previous
sanction of the Commissioner, not otherwise than in
accordance with the provisions of this Chapter and of the
bye-laws made under this Act in relation to the erection of
buildings or execution of works.
333. Erection of building.-(1) Every person who intends to
erect a building shall apply for sanction by giving notice in
writing of his intention to the Commissioner in such form and
containing such information as may be prescribed by byelaws made in this behalf.
(2) Every such notice shall be accompanied by such documents
and plans as may be so prescribed
334. Applications for additions to, or repairs of, buildings.-
(1) Every person who intends to execute any of the following
works, that is to say,-
(a) to make any addition to a building;
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(b) to make any alteration or repairs to a building involving
the removal or re-erection of any external or partly wall
thereof or of any wall which supports the roof thereof to an
extent exceeding one-half of such wall above the plinth level,
such half to be measured in superficial feet;
(c) to make any alteration or repairs to a frame building
involving the removal or re-erection of more than one-half of
the posts in any such wall thereof as aforesaid; or involving
the removal or re-erection of any such wall thereof as aforesaid
to an extent exceeding one-half of such wall above plinth
level, such half to be measured in superficial feet;
(d) to make any alteration in a building involving-
(i) the sub-division of any room in such building so as to convert
the same into two or more separate rooms, or
(ii) the conversion of any passage or space in such building
into a room or rooms;
(e) to repair, remove, construct, reconstruct or make any
addition to or structural alteration in any portion of a building
abutting on a street which stands within the regular line of
such street;
(f) to close permanently any door or window in an external
wall;
(g) to remove or reconstruct the principal staircase or to alter
its position; shall apply for sanction by giving notice in
writing of his intention to the Commissioner in such form
and containing such information as may be prescribed by
bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such
documents and plans as may be so prescribed.
335. Conditions of valid notice.-(1) A person giving the notice
required by section 333 shall specify the purpose for which it
is intended to use the building to which such notice relates;
and a person giving the notice required by section 334 shall
specify whether the purpose for which the building is being
used is proposed or likely to be changed by the execution of
the proposed work.
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(2) No notice shall be valid until the information required
under sub-section
(1) and any further information and plans which may be
required by bye- laws made in this behalf have been furnished
to the satisfaction of the Commissioner along with the notice.
336.