 corri gknduh tothe dellii development (amendhent) bill, 1983 (to be/as introduced in lok sabha) page 2, line 16,-before "in any case" insert "or w'i~h both " , new deihl; au~st a" 1983 < bhara 3, 1905 (sara)  bill no 103 of 1983 tbj: delhi development (amendment) bill, 1983a bill further to' ameud the delhi development act, 1957 be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the delhi development (amendment) act, 1983 ' short 'title and commen cement (2) it shall come into force on such date as the central government 5 may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act 2 in section 5 of the delhi development act, 1957 (hereinafter refer-amend red to as the principal act), in sub-section (2), for clause (e), the ment of 61 of 1957 10 following clauses shall be substituted, namely:-section 5 "(e) two persons representing the delhi electric supply committee and the delhi' water supply and sewage disposal committee of the said corporation, oi whom-(i) one shall be elected by the members of the delhi electric supply committee from among themselves; and 15 (ii) one shall be elected by the members of the delhi watet supply and sewage disposal committee from among themselves; amendment of section 29 (ee) one representative of the delhi transport corporation to be nominated by the central government;" 3 in section 29 of the prineipal act in sub-section (1), for the words "shall be punishdble with fine which may extend to ten thousand rupees and in the case of a continuing offence, with further 5 fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence", the following shall he substituted, namely:-"shall be punishable-(a) with rigorous imprisonment which may extend to 10 three years, if such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a layout plan; and (h) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, r 5 in any case, other than those referred to in clause (a) " 4 in section 30 of the principal act,-(a) sub-sed ion (2) shall be omitted; amendment of section 30 (b) in sub-section (3), for the words, brackets and figure "the chairman or the central government on the appeal and subject only 110 to such decision the order under sub-section (j) or, as the case may be,", the words "the ceptral government on the appeal and subject only to such decision" sl1all be substituted 5 in section 31 of the principal act,-amendment of section al (0) in sub-section (2), after the words "place of development", q5 the words "or tl) seize <lny construction material, tool, machinery, scaffolding or other thing!; used in such' development" shall be inserted; (b) after sub-section (2), the following sub-sections shall be inserted namely: -30 "(2a) any of the things caused to be seized by the authority or the officer of the authority or the competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to take back such things and pays to the authority the officer of the authority or the competent 35 authority, as the case may be, the charges for the r,emoval or storage of such things, be disposed of by it or him by public auction or in s'uch other manner and within such time as the authority, the officer of the authority or the competent authority thinks fit 40 (2b) the charges for the removal and storage of the things sold under sub-section (2a) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim 45 is made within the said period, shall be credited to the fund of the authority or the competent authority as the case may b "  , e ; (c) sub-section (7) shall be omitted c after section 31 of the principal act, the following sections shalt be inse~ed, namely:-insertion of new seqtions 31a, 31b, 31c, 3id and 31e 5 power to seal unauthorised develop ment '3ia (1) it shall be lawful for the authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nat'tre and extent of such development 10 (2) where any development has been sealed the authority or the competent authority as the case may be, may, for the purpose of removing or discontinuing such de'!elopment order the seal to be removed (1) no person shall remove such seal except-(a) under, an order made by the authority or the competent authority under ~uh-section (2); or (b) under an order of the appellate tribunal or the administrator of the union territory of delhi made in an appeal under this act 20 66 of 1957  31b the appellatr- trihunal or appellate tribunals  constituted appellate under section 347a of the delhi municipal corporation act, 1957, tribunal shall be deemed to be the appellate tribunal or appellate tribunals for deciding appeals 'imder section 31c, and the provisions of section 347a and section 347c of the delhi municipal corporation act, 1957, and the rules made thereunder, shall so far as may be, apply for the purposes of this act as they apply for the purposes of that act 31c (1) any person aggrieved by any of the following orders appeals   made under this act, may prefer an appeal to the appellate tribunal, namely:-30 (a) an order of the authority granting or refusing to grant pennission for development under sub-section (3) of section 13; (b) an order of the authority or the local authority disposing of any land under section 21; 35 (c) an order of an officer of the authority or the competent authority made under sub-section (1) of section 30, for the removal of any development; (d) an order of the authority or an officer of the authority, or the competent authority made under sub-section (1) of section 31, for dl~continljing any development; (e) an order of the authority or the competent authority made under section 31a, directing the sealing of any develop· ment (2) an appeal under this section shall be filed within thirty days from the date of the order appealed against:_ provided that the appellate tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period 5 (3) an appeal to the appellate tribunal shall be made in such :corm and shall be accompanied by a copy of the order appealed against and by s'u,ch fees as may be prescribed by rules 31d (1) an appeal shall lie to the administrator of the union territory of delhi against an order of the appellate tribunal, 10 confirming, modifying or annulling an order of the authority, officer of the authority, local authority or competent authority as the case may be under this act appeals against orders of appellate tribunal (2) the provisions of sub-sections (2) and (3) of section 31c and the provisions of section 347c of the delhi municipal corporation 15 act, 195-7 and the rules made thereunder, shall, so far as may be b6 of 195~ apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appenl under the said section 31c (1) an order of the, administrator on an appeal under this sec- 20 tion, a~d subject only to such order an order of the appellate tribunal under section 3lc and subject to such orders of the administrator or an appellate tribunal, an order of the authority, officer of the authority local authority or competent authority appealable under this act shall be final 25 explanation-in sections 30, 31, 3la and 3ld, "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 made by or under the law governing such local 3 authority 0 bar of jurisdiction of courts :lie (1) after the commencement of section 6 of the delhi development (amendment) act, 1983 no court shall entertain any suit, application of other proceedings in respect of any order appealable under section 3lc, and no such order shall be called in question 35 otherwise than by preferring an appeal 'under that section (4) notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of section 6 of the delhi development (amendment) act, ]983, in respect of any order, 40 appealable under section 3le shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force' 2 of 1974 7 after section 34 of the principal act, the following section shall insertion be inserted, namely:-of new section 34a "34a the code of criminal procedure, 1973, shall apply to an offence under sub-section (1) of section 29 as if it were a cognizable offence,-5 certain offences to be cogn!-zable (i) for the purposes of investigation of such offence, and (ii) for the purposes of all matters other than-(1) matters referred ,to in section 42 of that code, and 10 (2) arrest of a person except on the complaint of, or upon information received from:-(a) such officer of the authdrity not below the rank of a director as may be appointed by the administrator of the union territory of delhi, if the offence is committed in relation to a development area; (b) such officer of the municipal corporation of delhi not below the rank of a deputy commissioner as may be appointed by the administrator of the union territory of delhi, if the offence is committed in relation to any area within the local limits of that corporation; or  (c) the secretary, new delhi municipal committee, if the offence is committed in relation to any area within the local limits of that committee: provided that no offence which relates to any deviation from the permission, approval or sanction given under section 12 and which could be compounded under the provisions of this act, shall be cognizable:' 8 in section 48 of the principal act, for the words "magistrate of amend-3~ the first class", the words "metropolitan magistrate" shall be substiment of tuted; section 48 2 of 1974 9 in section 50 of the principal act, for the portion beginning with i\mendthe word and figures "section 32" and ending with th(' words "first ment of class", the words and figures "section 29 of the code of criminal prosection 50 cedure, 1973, it shall be lawful for any court of a metropolitan magis-35 trate" shall be substituted 10 in section 52 of the principal act, in sub-section (3), after the amendwords "under this act", the words ie, except the power to hear appeals," mcnt or shall be inserted section 52 11 in sub-section (2) of section 56 of the principal act, after clause amend-(jjj) , the following clauses shall be inserted, namely:-ment of "(ja) the manner in which the sealing' of any development section 56, under sub-section (1) of section 31a shall be made; 45 (jb) the form in which an appeal shajl be made to the appellate tribunal under sub-section (3) of section' 3lc and the fees that shall accompany such appeal;",  statement of objects and reasonsthe delhi development act, 1957, provides for the constitution of the delhi development authority for the purposes of development of delhi according to plan and for preventing haphazard growth of colonies and townships in delhi for achieving the objects for wh~ch the authority had been constituted, the authority had been makmg civic sur~ys of delhi and preparing master plans and zonal development plans for the development of land in the union territory of delhi however, owing to unexpected increase in the population of delhi in recent years, there had been a near scramble for occupying vacant land unauthorisedly and to develop them into colonies in contravention of the master plan or the zonal development plans prepared by the authority as a result of this, growth of unauthorised colonies, encroachment on public streets and unauthorised constructions on public and private land have assumed alarming proportions the authority and other local authorities exercising jurisdiction in the union territory of delhi have no~ been able to effectively prevent these activities because of person's taking recourse to legal proceedings and obtaining ex parte stay orders from civil courts these stay orders remain operative for years till the final settlement of legal proceedings with the result that the object of achieving the planned growth of delhi is being defeated further, prosecutions for such unauthorised development and use of land have also not proved effective because of imposition of meagre fines by courts in order, therefore, to enable the authority to effectively curb these activities and to' ensure the development t>f land in accordance with the plans, it is proposed to amend the act 2 the bill, therefore, provides, among other things, for the following changes in the act, namely:-(i) at present the authority has power to make orders for the removal or discontinuance of any unauthorised de~lopment it is proposed to give ¢e authority the power to seal any unauthorised development either before or after making such orders for removal' or discontinuance the' sealing of any unauthorised development in pursuance of an order made by the authority can be removed only by the authority for the purpose of removing or discontinuing such development, or in pursuance of any order made by the appellate tribunai or the administrator of the union territory of delhi in any appeal made under the provisions of the act ' (ii) it is proposed to provide for appeals against the orders of the authority or local authority under the provisions of the act to an appellate tribuna] the appellate tribunal or the appellate tribunals p~op()sed la be constituted under the provisions of the delhi mumci~al corpo~~t~on act, 1957, would be deemed to be the appellate tribunal or i f1bunals for the purposes of hearing appeals under this act also a further appeal agaij;lst the orders of the appellate tribunal would lie to the administrator of the union territory of delhi the orders made by the appellate tribunal or the administrator of the union territory, as the case may be, on such appeals will be final and no civil court shall have any jurisdiction to entertain any proceedings in respect of orders made under the act for which appeals shall lie to the appellate tribunal the provisions of the delhi municipal corporation act 1957, and the rules made thereunder regardipg the procedure to be' followed by the appel1ate tribunals in respect of hearing appeals under that act are being made applicable to the appellate tribunal while hearing appeals under tht-act, which will include the prohibition of giving any ex parte ~tay of orders made by the authority or local authority (iii) it is proposed to change the penalty of fine now specified for offences under the act to include imprisonment also and to make some of the offences cognizable (iv) opportunity is being availed of to make certain other changes of a consequential and minor nature 3 the bill 'seeks to achieve the above objects new delhi; buta singh the 16th august, 1983  memorandum regarding delegated legislationclause 11 of the bill seeks to insert two new clauses in sub-section (2) of section 56 of the delhi development act, 1957, so as to enable the central government to make rules in respect ofc~rtain matters provided in the bill these matters, inter alia, relate to the manner in which the sealing of any development under sub-section (1) of new section 3ta shall be made, the form in which an appeal shall be made to the appellate tribunal under sub-section (3) of new section 31c and the fees that shall accompany such appeal 2 the matters with respect to which rules may be made under the ftforesaid provisions are matters of procedure or detail the delegation of legislative power is, therefore, normal in character   - -  d (1) - - - advisory council (2) the advisory council shall consist of the following members, namely:-    (e) three persons representing the delhi electric supply committee, the delhi transport committee and the de1hi water supply and sewage disposal committee of the said corporation, of whom-- (i) one shall be elected by the members of the dellli electric supply committee from among themselves; (ii) one shall be elected by th~ members of th~ de!hi transport committee fr,)m among themselves; and (iii) one shall be elected by the members of the delhi water supply and sewage disposal committee from among themselves;   -   29 (1) any person who whether at his own instance or at the instance penalties of any other person or any body (including a department of government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 ol" in contravention of any condition subject to which s:1ch ,ermissio'n, approval or sanction has been gpanted, shall be pun!shable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further fine which may extend to five hundred rupees for every day during which such offence cont'nues after conviction for the first commission of the offence    -  order of demolition of building 30 (1)  -  - - (2) any person aggrieved by an order under sub-section (1) may appeal to the chairman of 'he authority against that order within thirty days from the date thereof; and the chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order  -  - - - (3) the decision of the chairman or the central gove-nment on the app'!al and subject only to such decision the order under sub-section (/) or, as the case may be, the direction under sub-section (la), shall be final and shall not be questioned in any court   - - :11 (1)   - - power to stopdevelopmcnt (2) where such development is not discontinued in pursuance of the order under sub-section (1) the a'1thority or the officer of the authcrity or the competent lluthority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition and :ouch police officer shall comply with the requisition accordingly,  ,  -  (7) in section 30 nnd in this section, "compet~nt 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 made by or under - the law governing such local authori~y,     - jurisdiction of courts 48, no c01p"t inferior to that of a magi~trate of th~ first class shall try an offence punishable under this act, -  - - - 5 of 1891 so notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any court of a magistrate of the first class to pass any sentence authorised by this act in exc~ss of its powers under the said section magistrate's power to impose enhanced penalties  - - - - 52 (1) -    - power to delegate (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 be menticned therein, in such cases and subject to such conditions, if any, as may be specified therein   - - - - a bill further to amend tbe delhi development act, 1957 (shri        buta singh, minister of parliamentary                    affairs,                                sports and works and housing) 