 uno ss of 1"1 the delhi development (amendment) bnl, 1963 a bill- to amend tm delhi deuezopmft,t ad" 1957  bi it ,nacted :by parliament in the l"ourteelltb y_ ef ,the republic of india as follows:-1 this act may be called the delhi development (amendment) short act, 1983 titl  iji of ld5'1 s , z in section 2 of the delhi development act, 1957 '(hereinafter ame,nd  referred to 8s the 'principal aet) , for clause (l), the fo}k)wing clause ment of shall be, and shall be deemed always to have beeft, su'bstitute4, leetloa~, !w:ialy:  r of 1894 1-0 i (0 the e~ression l'ladd" shall have the meaning uligned to ;it in action a of the land acquisition act, 189t:' 3 in section 3 of the principal act,-:", (0) in sub-section (3), forelause (g), the following ihall be su~titute<l, namely:-i' (g) tbne otherpel'4loll8 to be nommated :by ltbecetral go~rnment, of whom one shall be a person wjth experience of town planning or architecturej il)d"; (b) after bub-section (3), the wlowidgsub e,ction shall be  w, namel,:--"(3a) the appointment of the vice-chairman may be either whole-time or part-time as the central government may think fit but tbe appointment of the ftnance iuld accounts member and the engineer membet' shall be whole-~"'; ~,~ 1~ 4 (c) for i!ub-sections (4) and (5), tlte following sub-seetions shan be substituted, namely:-"(4) the vice-chairman, if he is a whole-time member, the finance and accounts member and the engineer member shall be entitled to receive from the funds of the authority s such salaries and such allowances, i! any, and governed by such conditions of service as may be determined by rules made in this behalf  (5) the vice-chairman, i! he is a part-time member, and other members specified in clause (e), clause (f) and 10 clause (g) of sub-section (3) may be paid from the funds of the ~uthoi1ty such allowances, if any; as may be fixed by the central government in this behalf"; - (d) in sub-section (6), for the words "two members", the words "three members" shall be substituted is c in section 5 of the principal act, in sub-seet1on (1), for the weds "th~ zonal development plans and generally on the planning of development of delbi and on such other matters", the words "on such other matters relating to the ,planning of development, or" shall be substituted 20 5 after section 5 of the principal act, the following section iihall be inserted, namely:-"5a (1) the authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or 25 purposes as it may think fit iaeertton of new mctioft ia ccmitltuuonot com mitteea (z) a committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf 30 (3) the members of a committee (other than the members of tlae authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the authority, as may be detennined by regulations made in tbia' behalf" 35 am,,· 6 in section 7 of the principal act, after sub·section (i) t the ment of following subsection shall be inserted, namely:-mctlog', u (3) the master plan may provi~ for any other matter whick is necessary fot the proper development of deihl", 7 after chapter in, the following chapter shall namely:-be inserted, i~ of dew chapter lila  "chapter ilia mod1i'ications '1'0 tim master plan and the zonal development plans lla (1) the authority may make any modiftcations to the mod1ftcamaster plan or the-zonal development plan as it' thinks fit, being tloaa to modifications which, in its opinion, do not effect important plaa, alterations in the character of the plan and which do not relate to the ex:tent of land-uses or the standards of population density 10 (2) the central government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in sub-section (1) or otherwise 20 (3) before making any modifications to the plan, the authority or, as the case may be, the central government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the authority or the central government (4) every modification  made nder the provisions of this section shall be published in such manner as the authority or the central government, as the case may be, may specify andthe modifications shall come into operation -either on the date of the publication or on such other date as the authority or the central government may fix ,-(5) when the authority makes any modifications to the plan under sub-section (1), it shall report to the central government the full particulars of such modifications within thirty day of the date on which such modifications come into operation 35 (6) if any question arises whether the modifications pr~ ed to be made by the authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the central government whose decision thereon ahall be final (7) ady referedce in any other chapter, except chapter in, to the master plan or the zonal development plan shan be cod-strued as a reference to the master plan or the zonal developj;dent plan as modified under the provisions of this section"  8 in section 12 of the principal act,- samend-ident of acm:1s (a) for sub-section (1), the following sub-sectlon ahan be substituted, namely:-"(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 deve- 10 lopment area for the purposes of this act: proy'lded 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 is within thirty days from the date of the receipt of the reference or within such further period as the central q~vem­ment may allow and the period so specified or allowed has h-"" -  y'-a  , (b) in the proviso to sub-section (3), after the word "may", 20 the words, figures and letter "subject to the provisions of section 53a" shall be inserted swtitut for section 15 of the principal act, the following section shall tion of be, and shall be deemed always to have been, substituted, namely:-new lee:-tiod tor sectiad 15- c~ pulam'y acqulsltion of iud "15 (1) if in the opinion of the central govemment, any 2s land is required for the purpose of development, or for any c1ther purpose, under this act, the central government may acquire sueb land udder the provisions of the land acquisition ad, 1894 1 of 1896 (2) where any land has been acquired by the central 30 govenunent, that government may, after it has taken possession of the land, transfer the land to the authority or any local authority for the purpose for which the land has been acqlolired on payment by the authority or the local authority of the compensation awarded under that act and of the charges incur- 3s red by the government tn eonnection with the acquisition" 10 sections 16 to 20 of the prmcipal act lhall be, add shall be 0ntiiii0d deemed, always to have been, omitted of leetiods 18 to 20 11 after section 22 of the principal act, the following section insertion aball be inserted, namely: _ of new section 22a 5 10 h22a, notwithstanding anything contained in sub-section (2) powerof of sec:t1on 12, the authority may, if it is of opinion that it is authority ~~ d und k to devee_--ent to 0 so, erta e or carry out any development of lop land any land which has been transferred to it or placed at its dis- in nonposal under section 15 or section 22 even if such land is situate developin any aree whieh is not a development area!' ment area 12 in section 23 of the principal act,-amend-(a) in sub-section (1), after clause (a), the following clause :n:u~nof shall be inserted, namely:-23  is  (04) all moneys borrowed by the authority from sources other than the central government by way of loans or debentures;" i (b) after sub-section (4), the following sub-eections shall be iftserted, namely:-30 if (5) the authority may borrow money by way of loans or debentures from such sources (other than the central government) and on such terms and conditions as may be approved by the central government (6) the authority shall maintain a sinking fund for the repayment of moneys borrowed under sub-section (5), and shall pay every year into the sinking fund such sum &s may be sufficient for repayment within the period fixed of all moneys so borrowed (1) the sinking fund or any part tbereof shall be applied fn, ar towards, the discharge of the loan for which uch fund was created, and until such loan is wholly dt charged it shall not be applied for any other purpoae" 35 13 in section 29 of the pri1\elpal act, in sub-fjection (2) , the amendfollowing shall be inserted at the end, namely:-ment 01 section "and ill the case of a continuing offence, with further fine which 29 may· extend to two hundred and fifty rupees for every day during  which such oftence coi1tillues after conviction for the first  commission of the ofteda:e" 14 in section 30 of the principal act,-amendment of aec:tion 30 (i) for sub-section (1), the following sub-lecticms iha1l be substituted, namely:- (1) where any development has been commenced or 18 being carried on or has been completed in contravention of 5 the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted,-(i) in relation to a development area, any ofbcer of 10 the authority empowered by it in this behalf, (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, ~ may, in addition to any prosecution that may be instituted 15 under this act, make an order, directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being 20 less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person) as may be specified in the order and on his failure to comply with the order, the officer of the 25 authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shan be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed 30 as arrears of land revenue: provided that no such order shall be made unless the owner or the person concerned has been give,1 a reasonable opportunity to show cause why the order should not be made 35 (1a) if any development in an area other than a development area has been commenced or is being canied on or has been completed in contravention of the master plan or zonaj development plan or without the approval or sanction referred to in section 12 or in contravention of any condi- 40 tions subject to which such approval or sanction hu been , granted and the competent authority has failed to remove or cause to be removed the development within the time that maybe speculed in this behalf by the administrator of the union· territory of delhi, the administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any ofbcer to remove or cause to be removed such development and that ofbcer shall be bound to carry out such direction and any expenses of such removill maybe recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land evenue"; 10 (ii) after sub-section (2), the following sub-section shall be inserted, namely:-15 "(2a) any person aggrieved by the direction of the administrator under sub-section (la) may appeel to the central government within thirty days from the date thereof, and the central government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction"; (iii) for sub-section (3), the following sub-sections shall be substituted, namely:-20 "(3) the decision of the chairman or the central government on the appeal and subject only to such decision the order under sub-section (1) or, as the case may be, the direction under sub-section (la) shall be final and shall not be questioned in any court 25 (4) the provisions of this section shall be in addition to, and not in de~ogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force!' 30 15 for section 31 of the principal act, the following section shall substttube substituted, namely: -tion of new section for leetion 81 "31 (1) where any development in any area has been commenced in contravention of the master plan or zonal develop-35 ment plan or without the permission, approval or sanction refer- power to  red to in section 12 or in contravention of any conditions subject ~op to which such permission, approval or sanction has been grant- =09-ed,-(t) in relation to a development area, the authority or any ofbcer of the authority empowered by it in thii behalf, (li) in relation to any other area within the local limite of a local authority the competent authority thereof, may, in addition to any prosecution that may be instituted under this act, -make an order requiring the development to be ~­continued on and from the date of the service of the order, and 5 such order shall be complied with aceordingly (2) where 6ueh develop1nent is not discontinued in pur-buabee of the order under sub-seetlon (1), tbe authority or the ofticer of the authority or th~ competent authority, as the case may be, may require any police officer to remove the person 10 by whom the development has been commenced and all his assistants and workmen from the place of development within sueh time as may be specified in the requisition and such police ofticer shall comply with the requisition accordingly (3) if any development in an area other than a development 'is area has been commen~ed in contravention of the master plan or zonal development plan or without 'the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction mas been «ranted and the competent authority has failed 'to make en order -under sub- 20 section (1) or, as the case may be, a requisition under subsection (2), within the time that may be sppcifled in this behalf by the administrator of the union territory of delhi, the administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to make the 25 order or requisition, as the case may be, and that officer shall be bound to mrry out -such di!'@ction and the onder or requisition made by him in pursuance of the direction ·shall be ,~omplied with aecm'tlingly (4) after the requisition under sub-section (2) or sub- 30 section (3) has been comnlie'd with, the authority or the competent authority or the officer to whom the direction was tssued by the administrator under sub-section (3) as the case may be, may depute by a written order a police officer or an officer or 35 employee of the authoritv or local authority concerned to watch the 'place in order to ensure that the deve-l~ent is jlot conti-dum (5) any persol'l failing to comply with an order under subsection (1) or, as the case may be, under subsecticm (3), ,hall 40 be punishable with flne which may extend to two hundred rupees for every day during which the non-compliance eontinues after the service of the order (6) no compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 30 or the discontinuance of the development under this section s (7) in section 30 and in this section, "competent authority" in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition or stoppage of buildings or works, in accordance with the provisions mad~ by or under the law governing such local 10 authority (8) the provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force" is 16 in section 34 of the principal act, for sub-section (1), the amend_ following sub-section shall be substituted, namely:-:~~i~:;4 ii (1) any offence made punishable by or under this act may, either before or after the institution of proceedings, be compounded-20 (i) in the case of an offence referred to in sub-section (2) of section 49, by the administrator of the union territory of delhi or any officer authorised by him in this behalf by general or special order; and (ii) in any other case, by the authority or, as the case may be, the local authority concerned or any person authorised by the authority or such local authority by general or special order in this behalf " 30 3s 17 fo section 35 of the principal act, the following section shall ~ubstitu- tlon of be substituted, namely:-new section for section 35 "35 (1) if the authority, after holding a local enquiry or defaultof upon report from any of its officers or other information in its the ~ower possession, is 'satisfied that any amenity in relation to any land ~u:h:rit in a development area has not been provided in relation to that y land which in the opinion of the authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this act has not been carried out, it may, after affording a reasonable ilpportunity to show cause, serve upon the owner of the land of' upon the person providing or responsi~le for providing the amenity a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the , notice (2) if any amenity is not provided or any such development i not carried out within the time lpecifted in the notice, then the authority may itself provide the amenity or carry out the development or have it provided or carried out through such 10 agency as it deems fit: provided that before taking any action under this eubsection the authority shall afford reasonable opportunity to the owner of the land or to the person providing or responsible for providing the amenity to show cause as to why such action ij should not be taken (3) all expenses incurred by the authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the central government may by order fix from the date when a demand ~ for the expenses is made until payment may be recovered by the authority from the owner or the person providing or responsible for providing the amenity as arrears of land revenue!' 18 for section 37 of the principal act, the following aection shall be substituted, namely=-~, subatitution of new ectiod far eec:tiod 37 power of authori17 tole¥7 betterment eharaes "37 (1) where, in the opmlod of the authority, as a consequence of any development having been executed by the authority in any development area, the value of any property in that area or in any area other than the development area, which has been benefited by the development, has increased or 30 will increase, the authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development: provided that no betterment charge shall be levied in respect jj of landa owned by government within delhi: provided further that where any land belodging to government hu been let out by govermnent to any period, tbed that land and any building aituate thereon aball be subject to - betterment charge under this section 40 (2) such betterment charge shall be an amount-(i) in repect of any property situate in a development area, equal to one-third of the amount, add (ii) in respect of property situate in any other area, not s exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme estimated as if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner: 10 provided that in levying betterment charge on any property under clause (ii), the authority shall have regard to the extent and nature of benefit accruing to the property from the development and such other factors as may be prescribed by rules made in this behalf" is 11 in section 39 of the principal act, after sub-section (2), the ajj'lan"",ent following sub-section shall be inserted, namely: _ ot section 38  5 of 1108  (2a) the arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the code of civil procedure, 1908 when trying a suit, in respect of the following matters, namely:-~o (4) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; 25 (c) administering to any party to the arbitration such tnteltogatories as may, in the opinion of the arbitrator be necessary"  • after section 0 of the principal act, the following section ln8ertion olnewlec-iihall be idaerted, namely: -tion 4oa 30 1c4oa, any money due to the authority on account of fees or mode of charges, or from the disposal of lands, buildings or other p~ ~~ perties, movable or immovable, or by way of rents and profits due ~ may, if the recovery thereof is not expressly provided for in authority any other provision of this act, be recovered by the authority is arrea1'w of land revenue  amend_ 21 in section 41 of the principal act, after sub-section (2), the ment of following sub-section shall be inserted, namely:-section 41 , (3) the central government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the 5 authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit:  provided that the central government shall not pass an 10 order prejudicial to any person without affording such person a reasonable opportunity of being heard , 22 for section 42 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 42 returns and inspection "42 (1) the authority shall furnish to the central govem- is ment such reports, returns and other information as that government may from time to time require (2) without prejudice to the provisions of sub-section (1), the central ~ernment or any officer authorised by the central government in this behalf, may call for reports, returns and 20 other information from the authority or local authority in regard to the implementation of the master plan (3) any person authorised by the central government or the officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining 2s whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan (4) no such entry shall be diade except between the hours of sunrise and sunset and without giving reasonable notice to 30 the occupier, or if there be no occupier, to the owner of the land or building  23 section 49 of the principal act shall be re-numbered as subsection (1) thereof, and-amendment of section 49 (a) in sub-section (1) as so re-numbered, after the words 35 "under this act", the words, brackets and figure "other than an offence referred to in sub-section (2) ,f shall be inserted; (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:- (2) no prosecution for any offence for failure to comply with the order of the officer referred to in sub-section s (3) of section 31 and punishable under sub-section (s) of that section shall be instituted except with the previous sanction of the administrator or any officer authorised by him in this behalf" u section 52 of the principal aci shall be re-numbered as sub- amend_f  m~to 10 sectlon (1) thereof, andsection 52 (a) in sub-section (1) as so re-numbered, after the words "local authority", the words, figure and letter "or committee constituted under section 5a" shall be inserted; (b) after sub-section (1) as so re-numbered, the following is sub-sections shall be inserted, namely:   (2) the central government may, by notification in the official gazette, direct that any power exercisable by it under this act, except the power to make rules, may also be exercised by su'ch oftlcer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein (3) the administrator of the union territory of delhi may, by notification in the official gazette, direct that any power exercisable by him under this act may also be exercised by such officer as may he mentioned therein, in such cases and subj~ to such conditions, if any, as may be specified therein" 25 in section 53 of the principal act, in sub-section words ··save as aforesaid", the following shall ,be (2), for th amende ment of substituted section 53 30namely:-"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" it after section 53 of the principal· act, the following sections iofosertion new sec-35 shall be inserted namely:-tions 53a and 53b u53a (1) notwithstanding anything contained in any law restriction   on power for the time heldg in force, no rule, regulabon or bye-law shan of a local be made or amended by a local authority in respect of matters authority specifled in sub-section (2) unless the authority, upon cojudde- to make rules, ration of such rule, regulation or bye-law, cerwlea that it does not contravene any of the provisions of the :master plan or the zonal development plan 1ftidr~ or byelaws in respect of certain matters (2) the matters referred to in sub-aection (1) are the following, il8mely:-5 (a) water supply, drainage and sewage dispoa8l; (b) el'e9tion and re-erection of bullding8, including grant of building permissions, licences and imposition of restrictions on use and sub-division of buudings; (c) sub-division of land into building sites, roads and [0 lanes, recreational sites and sites for community facilities; and (d) development of land, improvement schemes, and housing and re-housing schemes notice to be given of suits 53b (1) no suit shall be instituted aga1nst the_authority, or is any member thereof, or any of its otbcera or other employees, or any person acting under the directions of the authority or any member or any ofbcer or other employee of the authority in respect of any act done or purporting to have been done in pursuance of this act or any rule or regulation made thereunder 20 until the expiration of two months after notice in writing has been, in the case of the authority, left at its office, and in any other case, delivered to, or left at the office or place of abode of, the person to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of com- 25 pensation claimed and the name and place of residence of the intending plaintift and unless the plaint contains a statement that such notice has been so left or delivered (2) no suit such as - described, in sulhection (1) sball, unless it is a suit for recovery of immovable property or for - 30 declamtion of title thereto, be instituted after the expiry of au months from the date on which the cause of action arises (3) nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunctlod of which the object would be defeated by the giving of the 35 notice or the postponement of the institution of the suit"  ft in aection t55 of the prlnc1pal act,-amendment of 1iec-tion h (i) in sub-4ection (1) ,-(a) the words uunder the provlalons of this act dr, as 40 the case may be, of any other law relating to acquisition of immova~le property, by the authority for the time being charged ~th the development of the area in which the land ill situated" shan be, and shall be deemed always to have been, omitted; s (b) for the words "serve on the authority a notice", the wards "serve on the central government a notice" shall be substituted (ii) in sub-secuon (2), for the words uif the authority for the tune being charged with the development of the area", the 10 words uif the central government" shall be substituted ii in section 56 of the principal act, in sub-section (2),-amendmentot (a) after clause (d), the following clause shall be inserted, :~on name1y:-  (dd) the stages by which the development of any is particular features of a zone may be carried out;"; (b) for clause (g), the following clause shall be substituted, jwdely:- (g) the form and madder in which notice under subsection (3) of section lla shall be published;"; 20 (c) clause (i) shall be, and shall ·be deemed always to have been, omitted; (d) after clause (;), the following clauses shall be inserted, umely:-u (;;) the procedure ·to be observed by the adminjstrator under section 30 or section 31: (;;;) the factors to be taken into consideration in determining the rate of betterment charge in respect of propelty situate in any area outside the development area;": (e) after clause (m), the following clause shall be inserted, 30 namely:-u(mm) the procedure to be followed for bonowiidg moneya by way of 108dl or debentures idcl their repaymeat:" 21 in section 57 of the principal act, in sub-section (l),-amendment of section 57, (4) after clause (4), the following clause shall be inserted, namely:-" (04) the swnmoning and holding of meetings of a committee constituted under section 5a, the time and place 5 where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attending the meetings or any other work of the authority;"; 10 (b) clause (g) shall be, and shall be deemed always to have been, omitted 30 if any acquisition of land has been made under the provisions 1 of 1894 validation of certain acquibitiodi of the land acquisition act, 1894 for any purposes of the principal act or any notification bas been issued or order has been made or is any proceeding has been instituted or any action has been taken in connection with acquisition of any land for such purpose, such acquisition, notification, order, proceeding or action shall not be deemed to be invalid merely on the ground that it was made, issued, instituted or taken under the said provisions 2c'  statemen't of objects and reasonsthe delhi development act, 1957, requires the delhi development authority to prepare a master plan for delhi and to promote and secure 'the development of delhi according to that plan the master plan came into force with effect from the 1st september, 1962 under the provisions of the present act, the imlster plan has become a very rigid document and it is considered that there should be an easy procedure for making modifications and minor deviatiol'ls in the plan which are found necessary in the process of actual development some changes are inevitable and unless these can be expeditiously effected, the actual work of development would be greatly hampered from time to time it is also felt that the provisions of the delhi development act, 1957 regarding acquisition and disposal of land operate to the disadvantage of the public and government consider that the land for development of delhi should be acquired under the ordinary law, viz, the land acquisition act, 1894 ' the, working of the delhi development act has also revealed the need for certain other amendments to ensure smooth and speedy implementation of the master plan for the capital these amendments inter alia provide for the constitution of committees, conferment of power oh the authority to cany out development when expedient even in areas not formally declared as development area, borrowing money with the approval of the central government and the creation of a sinking fund for certain purpose", conferment of power on the administrator of the union territory of delhi to terminate by demolition or otherwise any contravention of the master plan where a local authority has fahe,d to take the necessary action, levy of betterment charges on properties situate outside develop· ment areas which have substantially benefited by the development work and power to provide for the prior examination of rules, regulations or byelaws proposed by local authorities to secure compliancte with the provisions of the m~ster plan the bill seeks to give effect to these changes new delhi; sushila nayar the 2nd december, 1963 [copy of letter no f13-16/62-mg, dated the 3rd december, 1983 from dr sushila nayar, minister of health to· the secretary, lok 'sabha] the president, having been informed of the subject matter of the delhi development (amendment) bill, 1963, recommend under article 11'7 (3) of the constitution of india the consideration of the but in the lok sabha 'l '  financial memorandumthe land required for development in delhi is acquired· by ,the chief commissioner, delhi on behalf of the central govemment under the land acquisition act, 1894, and then the same is placed at the disposal of the delhi development authority, local bodies, the government and the various co-operative house building societies according to their requirement the cost of the land acquired is met initially from the revolving fund of rs 5 crores placed at the disposal of the chief commissioner but the same is recouped from the delhi development authority and other bodies when land is transferred to them during the last two years, approximately 15,000 acres of land have been acquired and allotted for development to the various agencies referred to above it is estimated that during the next five years the chief commissioner, delhi, will be acquirin~ about 20,000 more acres of land for the proper implementation of the master plan, at an estimated cost of about rs 2'7' 2 crores, as indicated below:-(i) acquisition of 16,000 acres of land in the urbanisable area of delhi @ rs 15,000 per acre (average rate) rs 24' 00 crores (ii) acquisition of 4,000 acres of land in narela ring town @ rs 8,000 per acre (average rate) rs 3' 20 crores total: rs 27' 20 crores it is expected that the whole land acquisition programme would be financed from the revolving fund already available with the chief couunissioner, ' " '   ,  memorandum regarding delegated legislationclause 5 of the bill which seeks to insert new section 5a in the delhi development act, 1957, enables the authority to constitute committees and provides for regulations to be made for the s\liilmoning and holding of meetings of the committees, the time and pl~ of such mee~ings, the conduct of business thereat and the fees and allowances payable to the members for attending the meetings, etc, of the committees the proposed section lla under new chapter ida, provides for certain modifications to the master plan and the zonal development plan sub-section (3) thereof contemplates framing of rules for prescribing the form and manner of the notice which the authority or the central government, as the case may be, are required to publish before making any such modifications the proposed sub-section (la) of section 30 and sub-6ection (3) at section 31 of the act also provide for the framing of rules by the ctral government forpcescribing procet\ure which the admiaistrator of the union territory of delhi will be required to observe before taking any action thereunder similarly, central government has been empowered· to frame rules fol' ind~cating factol's fol' the guidance of the authority in levying betterment charge on properties referred to in clause (ii) of sub-section (2) of the prot'osed section 3'7 other amendml!'lltfl proposed in sections 56 and 57 rte of a consequential nature all these matters to bf' sl)eetfted in the regulatiods and the rules are mattei's of detail and the delegrtlon of legislative power i~ of a normal character - - - - - 2 in this act, unless the context otherwise requires,- - - - - - - (l) the expression "land" and the expression "person interested" shall have the meanings respectively assigned to them in section 3 of the land acquisition act, 18h  chapter n the delhi development authority and its obj'ects3 (1) -                           -                                          -                                                         -                                                                        -                                                                                       - the delhi develop-ment authority      (3) the authority shall consist of the following members, namely:-       -                      -                                    -                                                  -                                                                -                                                                              -             (g) two other persons to be nominated by t11e central gov-      ernment; and                                                                    -                       -                                    -                                                 -                                                               -                                                                            -     (4) the vice-chainnan, the finance and accounts member and the engineer member shall be whole-time paid members of the autho-rity and shall be entitled to receive from the fllnds of the authority such salaries and such allowances, if any, and governed by such con-ditions of service as may be determined by rules made in this behalf     (5) the members specified in clause (e), clause (f) and clause (g) of sub-section (3) may be paid from the funds of the authority such allowances, if any, as may be fixed by the central government in this behalf     ,     (6) the vice-chainnan, the finance ·and accounts member, the engineer member bnd the two members referred to in clause (g) of sub-section (3) shall hold office during the plea !:lure of the central government and the two representatives of the advisory commit-tee of delhi referred to in clause <f) of suh-section (3) shall hold office for so long only as they continue to be members thereof               -                         -                                    -                                               -                                                          -                                                                     - advilol7 5 (1) the authority shall, as soon as may be, constitute an council advisory council for the purpose of advising the authority on the preparation of the master plan and the zonal development plans and generally on the planning of development of delhi and on such other matters arising out of, 0 r in connection with, the administration of 'this act as may be rei erred to it by the authority  - - - - - -  chapter iv development of landsdeclaration 12 (1) as soon as may be after the commencement of this act of d~p- the central government after consultation with the authority of the municipal corpobe made except after :~n d::~8 may, by notification in the official gazette, declare any area in lopment of delhi to be a development area for the purposes of this act: land in those and ~er areu - - provided that after the establishment ration of delhi no such declaration shall consultation with that corporation also  - - - - (3) after the commencement of this act no develodment 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 developm~nt has been obtained' in writinj;( from the authority in accordance with the provisions of this act; (ti) where that area is an area othpr than a development area, approval of, or sanction for such development has been obtained in wrttinj;( from the local authority f'oncerned or any oftlcer or authority thereof emoowered or authort~ed in this behalf in accordance with the provision!"! made by or under the law j(overnin~ such authority or until such provisions have ha,·-made, in accordance wff:h the proviflion'l of the regulations relating to the grant of nermislion fl')t development made under the l)elhl (control of buudinj;( operations) act 1955 and in force 53 of 1955 immediately before the commencement of this act: provided that the local authority concerned may amend those regulations in' their application to such area  chapter v acquisition and disposal of land15 (1) ~ in the opinion of the central government any land is comp~ required for the purpose of development or for any other purpose, a~qu1s~t10n under this act, the central government may acquire such ladd by 0 ian publishing in the ofbciai gazette a notice specifying the particular purpose for which such land is required and stating that the central government has decided to acquire the land in pursuance of this section - i (2) before publishing a notice under sub-section (1), the central government shall by another notice call upon the owner of the land and any other perlon who in the opinion of the central goverdment may be interested therein, to mow cause within such time as may be specified in the notice, why the land should not be acquired (3) after considering the cause, if any, shown by the owner of the land and by any other person interested therein and after giving such owner and person an opportunity of being heard, the central government may pass such orders as it deems fit (4) when a notice under sub-section (1) is published in the official gazette, the land shall on and from the date of such publication, vest absolutely in the central government free from all encumbrances - • ~' • i  (5) where any land is vested in the central government under sub-section (4), the central government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to that government or any person duly authorised by it in this behalf within thirty days of the service of the notice (6) if any person refuses or fails to comply with an order made under sub-section (5), the central government may take possession of the land and may for that purpose use such force 81 may be n~essary - ! (7) where the land has been acquired for the authority or any local authority, the central government shall, after it'has taken possession of the land and on payment by the authority or the local authority concerned of the amount of compensation detennined under section 16 and of the other charles incurred by the go'yernment in connection with the acquisition, transfer the land to the authority or that local authority for the purpose for which the land has been acquired ~ompensa-16 (1) where any land is acquired by the central government telon fofl wlder this act, the central government shall pay for such acquisition, ompu -   sory compensation the amowlt of which shall be determined m accordance acquisition with the provisions of this section otland (2) where the amount of compensation can be determined by a,greement between the central government and the person to be compensated, it shall be de1lermined in accordance with such agreement (3) where no such agreement can be reached, the central government shall refer the case to the collector for determination of the -amowlt of compensation to be paid for such acquisition as also the person or persons to whom such compensation shall be paid (4) before finally determining the amowlt of compensation, the collector shall give an opportunity to every person to be compensated to state his case as to the amount of compensation (5) in determining the amount of compensation, the collector shall be guided by the fohowing principles, name1y:-(11) no allowance shall be made on account of the acquisition being compulsory; (b) the value of the land shall be taken to be-(i) the market value of the land on the date on which the notice calling upon the owner to show cause why the land should not be acquired is issued under sub-section (2) of section 15 (hereinafter referred to as 'the date of notice'), such market value being determined on the basis of the use of the land on that date, or (ii) an amount equal to the sum total of the three'follow-ing amounts, that ia to say, an amount equal to the market "alue of the land on thalst day of october, 1955, luch·market "alue being de1el1llined on the bais cif the use at the land on that date, 'an amount equal to twenty-aile per cat  0£ the increase, 11 any, (not including, however, any increase consequent qn any development carried out oil e lard) in tm market value of the land durin, the period between the lit day of october, 1955, and the date of notice, and an amount which in the opinion of the collector represents the reasod-able cost of development, if any, (including in the case of agricultural land, the cost of any improvement carried out thereon in the course of agricultural operations) carried out on the land during that period, whichever is less; (c) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it would be applied only in pursuance of statutory powers, or for which there is not a market apart from the special needs of a particular purchaser or the requirements of any department of government or any local or public authority; (d) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises, or to public health, the amount of that increase shall not be taken into account (6) for the purpose of detennining the amount of compensation-(a) the collector shall have the power to require any per-bod to deliver to him such returns and assessments as he considers necessary; (b) the collector shall also have the power to require any , ~·lmown ot believed to be interested in the land to deliver to' him a statement containing, as far as may be practicable, the  name of every ,ather person having any interest in the land as c&-owner, mortgagee, tenant or otherwise, and the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement '(7) every person required to deliver a return, assessment or statement under sub-section (6) shall be deemed to be legally bound to do so within: the meaning of section 175 and section 176 of the  of 1880 indian penal code (8) the collector may hear expert witnesses if it be necessary to do so in any particular case  'l~)  7'he:f~'1tor ifjh,4llllh~'l'l}~~, tq ~ter ',:od \1il4~inspect any ll~~ \v~~ ~ :~ ,ubject of p~qc~gs,before ~bim(10) the collector shall dispose of every case  referred to him under bub-section (3) for determination of c,?mpensatio~, as expeditiously as possible and in ,any case within ~uch ~ime as may be prescribed by rules ' (11) the collector shall determine the amount of costs incurred ",in ,lilly ",case 4isposed"of ,by ~m"w1der,the'f8ction,and by what , ~1ob8 ~d in whatpwportions',they ar~tobe paid appeal to ,,17, (1) any per~on~g~ie;veq by' the ,~ec~sio~ of ~he"cpllector the diltri~ determining the amount of codlpen~!~ipn may ,wi~pi~ ¢:ldy cdtys from ~=:n '  t;he dat~ "of such decision, ape~al ,to ,the "co~rt _ ot ~e 4~ric~ judge d  of of delhi " ec1s1dn the collector (2) the decision of the court of the, district judge on liiuch appeal, _d subject only to such decision, the decision of the, ~ollector ,determining the amount of compensation shall be ftnal~d shall not be questioned in any ·court disputes as to apportiollment of the compensation " ,'1&, if ~yj idilputearises ·as, to the appci}l'tiodmentof compensation among persons claiming to be entitled thereto the- ,cemnl 'government shall refer such dispute for the ~ecision of the court of the district judge of delhi and, the decision of that court thereon shall, be final payment "j8, (lhw!u~~re'the"aiqaunt ;of ,lloiilpensation ,is determined by of c~-\,j,g~~lnnt',t;h centraf,qqvernm6llt;shall, pay such,amount to the ~o~ecto~ ,\l~erth, p~o~~ions ,of ~~9~,,16,: t~ ~~al" 9oy'~ent :n:::~t person or persons entitled thereto of the same in court " (2tw~,~reltjl~1 ~~unt ;:occ~~~twn:: ~ 4~~ned by the - _,~h~lt~de~,p,ll,ym~n~ o~ ~he ~~e~~ ~~~~~:tqt~~person - , ~~mu~ltq'r~to"ac,~o~'mngto'i~pchf~~~lwtlo~,~q: ~,pay to  th~m>4,¥n~~ ~j'ev~t~~"byns<ffile ~e :or_~ore" ot t~,~gencies 'p:~n~ipned, in: the qext"suq~~~c~wn (3), if the persons entitled to compensation according to the decision of the collector do not consent to receive it, or·' if there be no person competent to ,alienate th~)~ or if t,~ere, be ~y, c;uspute as to the title to receive the comp~nsationt the central gover~ent ~~all d~posit 'the, amo:unt _of the~?m'p'~~s~,~~~~iri ~h~ ¢?~ i ~f 'the district judge of delhi: provided that any person admitted to be interested may receive  ~~ ,p&>'m~, u~de~ ,pi;otest,;8s t~, u1e ,~~y ,of tbe ~9unt of compensation: 'px'ovfded further that nothing 'herein contained shall aifeet the uabiuty of any person who may receive' the whole or_ any' partof" any compensation determined under this act, to pay toe same to the'" person lawfully entitled thereto 20 where any amount of compensation has been deposh:ed in investcourt under section 19, the court may either of its own motion or on tmhent of t  e amoun the appbcation made by or on behalf of any party interested  or of comclaiming to be interested in such amount, order the same to be pensation in,"ci ' in web· goverdflileilt i or  'otber  approved seeurhies  as1t depbi;itlcf··  may· 'think proper, and'may· direct the 'interest or other' proceeds in court;·· of an,' such investment to beaceumulated and paid in sucb--marmer-  as  wfllr, 111 :its opinion, 'gift-the parties interested' therein' the" same beneftt therefrom as they might, have- had from 'the land"in'-respect' wh&reof such amount has' been depomted 'oras neat' thereto' as-may, be  -  - - i - i : -""'i ,~  r  r '" '" '" '" '" chapter' vii  supplemental and miscellaneous provisionspenalties '" '" '" '" '" 21 '(1) '" '" '" '" '" (2) "any person' who' 'tts:!s-' i:lny  lana  orbunbfritffn "con'tiil\i@iiffdri" of ' the proflrlbttif of"lectron't4 'at' fd contra~rill6n r6f j 'arlffl lertni~tr; cottdifloi'\s" -pr~fl5ec!' by' !t~jtnfo'll~~'i:iridey f tlte ~rcaa!6r\o "tflaf:lwrr ttmi' thait"'he"ptthiift'tmlle· wffhtfltfi! 'fimt!k~" ~i!ffb lfv~ :uidumhtcf'j ru~eti:': '" '" '" '" '" 30 (1) where the erection of any building in any development erder of a~_1pbnfycomtn~tleee:'gr'ft l:1eln"m'c!ati'ied'ltn;'br'has ~ 'eom- demolition pteted fb:(!ontnvm1ttbn ~6ftb~ 'ffiftt@tt1fsist1brij:offaj/tieve'l\st:lin@ftf pfw of build· or' wl!tlfjuttth&'»emtftfstdrt 't'ef~t to tn' ~fft>n'12 nt·fh etm'trlt\r~j1tifojr ing of:any' eondttiorf mlb'jecf to '\vhit!h·9\u!ti :penn~sl~i\''''haytje4wt"lr~''h~c!~ any ;oflle@t"of thi:! 'autb~ri't'· errtpowe~ hy ff in 'thhrbehalf ma,;" in addfttcm;to any' ~ros~ion that' may be tnst1tittedun~(' this  'act';' make an order directing that such erection shall be demolished by the' owner thereof within such period not exceeding two months as may be speeifterd hi theorder,"snd'o'n the" failure t)f fhe'owti'e'r" to 'comply with,the ordet( the offte8" fha'y" 'liimy~ caust! the' erection' to be d __ tshed andr:the"'exp@t\fjes 'of sticlf:dejw6fftion 's"harfbe'i'et'!'dv'erttblt from the owner as arrears qf land revetl~'!" provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order" should not be made  - - - - - , (3) the decision of the chairman on the appeal and subject only -to such decision the order under sub-section (1), shali be final and, shall not be questioned in any court power to 31 (1) where the erection of any building in any area has been ~:ding commenced in contravention of the master plan or zonal develop· operations mentplan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to whieh such permission approval or sanction has been granted, but such erection has not been completed, the authority in relation to a de-' velopment area and the local authority concerned o't any officer or authority thereof empowereq or authorised in this behalf, in relation to an area other than a development area, may, in addition to any prosecution that may be instituted under this act, make an order requiring the building operations in relation to such erection to bo discontinued on and from the date of the service of the order (2) where such, building operations are not discontinued in pursuance of the requisition under sub-section (1), the authority or, as the ~ase may be, the loeal authority concerned or the oftieel' 8r authority the~eof authorised or empowered  as aforesaid, may require any police ofticer to remove the person by whom the erection of the building has been commenced and all his asaiatantl· and work  men from the place of the building within luch time as may be specifted in the requisition and such police oftleer shall oompl)' with the requisition accordingly (3) after a requisition under sub-section (2) has been complied with, the authority or, as the case may be, the local authority con~ cerned or the officer or authority thereof authorised or empowered as aforesaid may, depute by a written order a police oftlcer or an officer or employee of the authority or local authority: concerned, to watch the place in order to ensure that the erection of the buildlds' is not continued j (4) any person failing to comply with an order under bub-section' (1) shall be punishable with fine which may extend to two hundred ru-pees for every day during which the non-compliance ~nt'duoit after the service of the order (5) no compensation shall be claimable by any person for any damage which he may sustain in consequence of the discontinuance of the erection of any building  - - - - - composition of oftences 34 (1) the authority or as the case may be, the local authority concerned or any person authorised by the authority or such local authority by general or special order in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this act  - - - - 35 (1) if the authority after holding a local inquiry or upon default report from any of its officers or other information in its possession, power of is satisfied that the owner of any land in a development area has authority failed to provide any amenity in relation to the land which in the opinion of the authority ought to be provided or to carry out any development of the land for which permission has been obtained under this act, it mayserve upo:1 the owner a notice requiring him to provide the amenity or carry out the development within ~~h time ijs may be specified in the notice,  (z) if any such amenity is not provided or any such development is not carried out within the time specified in the notice, then, the authority may itself provide the amenity or carry out the develop ment or have it provided or carried out through such 8geney as tt deojas at: provided that before taking any action under this sub-section the authority shall aftord reasonable opportunity to the owner of th, iud - show cause 81 to '\vhy such action should not be taken· (3) all expenses incurred by the authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the central government may by order fix, from the date when a demand for the expenses is made until payment may be recovered by the authority from the owner as arrears of land revenue - - - - - 37 (i) where as a consequence of any development scheme power ~ having been executed by the authority in any area, the value of taulthonty - 0 evy any property in that area, in the opinion of the authonty, has betterment increased or will i~rease, the authority shall be entitled to levy charges, upon the owns,ofthe  property or any person having an interest therei:d & betterment charge in respect of the increase in value  of the p!operty resulting from the execu twn of, the development scheme (z) such betterment charge shall be an amount equal to one-third of the amount by which the value of the property on the completion of the execution of the development scheme estimated as if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner - - - - - returda 42  the authority shall furnish to the central government such ancj~ repprts, returns and other information as that gover-nrneat may mation fr,om time to time require - - - - - sanction of prosecution 41 no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the authority or as the case may be, the local authority concerned or any o:flicer authwisedby the authority or such local authority in this behalf  - - - 52 the authority may, by notification in the ofticial gazette, powei'te dele,ate di~i' that any power exercisable by it under this act except the power tqmake regulations may also be exercised by such oftleer or loeal authority as may be mentioned thet'ein, in sueh cases and sub--ject,to such conditions if any,as may,be speciaed therein  effect of 53(1) - - - - - other laws (2) save as aforesaid, the pro~sions of this htand the rules and re~tiqds made ther~r shal1haveeff~ctnotwjthstanding anything inconsistent therewitb contained in any other law - - - - - 55 0) where any land situated in any area in delhi is required by the i master plan or a zonal development plan to be kept as  an open space or unbuilt upon ·oris designed in any such plan jis subject to compulsory· acqubitiod, thea, if at the· expiration of ten years from the date of operation of the plan under section 11 pl~sto stand"  modifled in cit • tain casel or where such land has been so required or designated by any amendment of such plan, from t~e date of operation of such amendment, the land is not compulsorily acquired under the provisions of this act or, as the case may be, of any other law relating to acquisition of immovable property, by the authority for the time being charged with the development of the area in which the land is situated, the owner of the land may serve on the authority a notice requiring his interest in the land to be so acquired (2) if the authority for the time being charged with the development of the area fails to acquire the land within a period of six months from the date of receipt of the notice, the master plan or, as the case may be, the zonal development plan shall have effect, after the expiration of the said six months as if the land were not required to be kept as an open space or 'unbuilt upon or were not designated as subject to compulsory acquisition 56 (1) - - - - - power to (2) in particular and without prejudice to the generality of the ma1ke  foregoing power, such rules may provide for all or any of the follow- ru es ing matters, namely:-- - - - ' (g) the periodical amendment of the master plan and a zonal development plan, the period at the expiration of which such amendment may be taken up, the procedure to be followed in making such amendment and the date of operation of such amendment  - - - - - (i) the time within which cases referred to the collector under sub-section (3) of section 16 for determination of compensation shall be disposed of; - - · , - - 57 (1) the authority may, with the previous approval of the power to central government, make regulations consistent with this act and make the rules made thereunder, to carry out the purposes of this act, and r,egulawithout prejudice to the generality of this power, such regulations tll:tds may provide for-- - - - - (9) the manner of publication of the notice under section 15; - ••• - - - a bill , to amend the delhi development act, 1957 (dr sushi/a nayar, minister of health) 