 the deihl municipal corporation (second amendment) bill, 1983(to be/as introduced in lok sabha) 1 page 1, line 14,-t:cl: "section (2)" ~ "sut- section (2)" 2 page 3, line 22,-~ "or at" ,~ "for at" 3 pa ge 3, line 25',-!gi, "kno we id ge " ~ "lmo wled ge " 4 page 5, line 33,-!at "\tlelrding" ~ "awarding" 5 page 6,_ against line 15, in the nargin,-!cj: "41\ or 1860" ~ "45 or 1860" ~ page " line 22,-!ex "o~ notice nade" ~ "nade or notice issued" new dellii; august 24, 19'83 bhadra 2, 1905 (saka) the delhi municipal corporation (second amendment) bnl, 1983 - bill further to amend the delhi municipal 'corp01"cltion act, 19s'1 bz it enacted by parliament in the thirty,fourth year of the repubuc of india as follows:-1 (1) this act may be called the delhi m'luliclpai corporation ~ct (second amendment) act, 1983 cd 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different date may be appointed for different provisions of this act  lief 1,7 z in section 2 of the delhi municipa~ corporation act, 1957 (bereinafter referred to as the principal act), after clause (1), the follow-10 ing clause shall be inserted, namely:-'(la) "appellate tribunal" means an appellate tribunal eonstituted under section 347a;' 15 3 in section 343 of the principal aet,--uallld-~~~01 (fl) in set'tion (2), for the words "the cow't of the district secuoia judge of delhi", the words "the appellate tribunal" shall be liubstt-341 tuted; (b) in suu-section (3) ,-(i) in the ope-ning portion, for the words "the court of the district judge may", the words, brackets, ftgurl;!s and letter "the' 2() appellate tribunal may, subject to the provisions of sub-section (3) of section 347c," shah be substituted;  (ii) in the proviso for the worda "the court of the ditriet judge unless security, sufficient in the opinion of the coun", the words "the appellate tribunal unless security, suftlcient in the opinion of the said tribunal" shall b substituted; (c) in sub-section (4), for the words "save as provided in this j5 section, no court", the words "no court" shall be substituted; (d) in sub-section (5), for the words "every order made by the court of the district judge on appeal flnd subject only to such order", the words, figures and letter "subject to an order made by the administrator on appeal under section 347d, every order made 10 by the appellate tribunal on appeal under this section, and subject to the orders of the arlministrator and the appellate tribunal on appeal" shall be substituted; (e) in sub-section (6)-(i) for the words "has been confirmed on appeal, whether 15 with or without variation", the words "has been confirmed on appeal, whether with or without variation by the appellate tribunal in a case where no appeal has been preferred against the order of the appellate tribunal and by the administrator in a case where an appeal has been preferred against the order go of the appellate tribunal" shall be substituted; (ii) for the words "the court of the district judge', the words "the appejjate tribunal or the administrator" shall be substituted 4· in !lection 344 of the principal act,-(a) in sub-section (2), after the words "from the premises", the words "or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work" shan be inserted; (b) after sub-section (2), the following sub-section shall be 30 inserted, namely:-"(2a) any of the things caused to he seized by the commissioner under sub-section (2) 'shall be djrposed of by him in the manner specified in section 326" amen4-meutgl -=tiaa 341 s in section 345 of the principal act, in sub-section (1); for the 35 words "within three months after the compjetion thereof, by a written notice", the words "after tlu; completion thereof, by a written notice of not less than seven days" shall be substituted 6 after section 345 of the principal act thp following l'ieetion shall be inserted, namely: -40 mrtion ot  actioii mia: power to_ "345a (1) it shall be lawful for the commissioner, at any 'time, before or after making an order of demolition under st-etion 343 or of the stoppage of the erection of any building or execution of any work under section 343 or under section 344, tomak~ an order udlut:'llllrimi4 cgiip \rqatlam , _ directing the sealing of sllch erection or work or of the prem1ses 4s tn which such erection or work is being carried on or ha, been com-  pleted in the manner prescribed by rules, for the purpose of carryiug out the provisions of this act, or for preventing any dispute as to the aature and extent of such erection or work (2) where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the commissioner may, for the purpose of demolishing such erection or work in acc0!'dance with the provisions of this act, order inch 5 seal to be removed (3) no person shall remove such seal except-(a) umler an order made by the commissioner under au}): section (2); or (b) under an order of an appellate tribunal or the adlnuu-1 u trator, made in an appeal under this act" 7 after section 347 of the principal act, the following sectiolll shall be inserted, namely:-inaertion ofwew lections 347a to 347e, appel late tribunal "347a (1) the central government shall, by notification in the official gazette, constitute one or more appellate tribunals with headquarters nt delhi, for deciding ap'peals preferred under section 343 or section :h i n (:!) an al'l,ellate tribunal shall consist of one person to be appointed by the central government on such terms and conditions of service as may be prescribed by rules , ' :20 (3) a person shall not be qualified for appointment as the presiding officer or an appellate tribunal unless he is, or has been, a district judge or an additional district judee or has, or at least ten years, held a judicial office in india " (4) the central government may, if it so thinks tit, appoint one or more persons having special knoweldge of, or experience in, the matters involved in such appeals, to act as assessors to advise the appellate tribunal in the proceedings before it, but no advice of the assessors shall be binding on the appellate 'l'ribunal (5) the central government shall, by notification in the ofiieial gazette, ciie6 die terri~ai ~ widaid wbicll ad apreeife tribwlal shall ('xercise its jurisdiction, and where different appellate tribunals have jurisdiction over tile same krritorw ii1ii, till central goverbulcn t shall also provide for the distribution and allo· cation of work to be performed by such tribunals 35 (6) for the purpose of enabling it to discharge its funetions under this act, c\'ery appellate tribunal shall have a registrar and sa other staft on such tenns and ~ of senic:e • may be prescribed by rules: _ provided tbat the registrar lind staff may be employed jointly for all or any number of such tribunals in accordance with th_ rules _ 347b (1) any persoll aggrieved by any of thtl following ordera made or notices issued under uus act, may prefer an appeal aaainat such order or notice to the appellate tribunal, namely:-<el) an order according or disallowing sanction to a lay-out plan under lection 313; no&e udder bact (b) an order directing the alteration or demolition of any street under section 314; (c) a notice under sub-section (1) of section 315; (d) a noti'!e under sub-section (2) of section 317; (e) an order directing the disposal of things removed under 10 chapter xv or seized under section 344, or an order rejecting the claim of any person for the balance of the proceeds of pl of the things 110 disposed of; <f) an order sanctioning or refusing to sanction the erection ot any building or the execution of any work under section 336; 15 (g) an order withholding sanction under the provilo to lub-iection (1) of section 337; (h) an order cancelling a sanction under section 338; (i) an order requiring the rounding off, splaying or cutting off the height of a building intended to be erected, or for the 20 acquisition of any portion of a site, under section 339; (1) an order diaoallowing the erection of any building or the execution of auy work under section 340; (k) an ord~r requiring the stoppage of any erection or work under aectiqu 344; sl5 (1) an order requiring the alteration of any building or work under section 345; (m) an order directing the sealing of lmauthorised eonstructions under section 345a; (n) an order refusing to grant permission under sub-section 30 (2) of section 346; (0) an order granting or refusing permission under section 347; (p) any such other order or notice relating to or arising out of planned development under the proviaions of this act as may 3' be prescribed by rules (2) an appeal under this section shall be filed within thirty days from the date of the order or notice 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 perioa 49 (3) an appeal to the appellate tribunal shall be made in web :form and shall be accompanied by a copy of the order or notice appealed against and by such fees a may be pre8<!nbed by rule& 5 procedureof theap pellate tribunal 10 847c (1) the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such othefr action as the appellate tribunal may specify (2) the appellate tribunal shall send a copy of every order passed by it to the parties to the appeal (3) no appel1ate tribunal shall, in any appeal pending before it in respect of any ot'der or notice under this act, make an interim order (whether by way of injunction or stay) against the corpt'ration or against any officer or servant of the corporation acting or purporting to a,ct in his official capacity, unless an opportunity is given to the corporation or its officer or servant to be heard in the matter: 20 provided that the appellate tribunal may without giving an opportunity as aforesaid make an interim order as an exceptiona]' measure if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money: 25 provided further that every such interim order shall, if it is not vacated earlier cease to have effect on the expiry () f a period of fourteen days from the date on which it is made unless before the expiry of that period, the appellate tribunal confirms or modifies that order after giving to the corporation or its officer or servant an opportunity of being heard' 35 (4) subject to rules that may be made by the central government in this behalf, the warding of damages in and the costs of, and incidental to, any appeal before an appellate tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary c/irpctions for the purposes aforeeaid 40 (5) an order of the appellate tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made (6) in hearing and deciding an appeal or in the execution of an order, an appellate tribunal shall follow such procedure 8e may be p~scribed by rules 45 (7) every appellate tribunal, shall, in addition to the powers conferred on it under this act, have the same powers u are vted in - civil court while trying a suit under the code of civil procedute 1908, in respect of the following mattera, namely:-(0) summoning and enforcing the attendance of penons and examining them on oath; (b) requiring the discovery and inspection of documents; 5 (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof :from any court or ofticej (e) issuing commissions for the examination of witnesses or documents; and 10 (j) any other matter which may be prescribed by rulesj and every proceeding of an appellate tribunal in hearing or deciding an appeal or in connection with the execution of its order, 8hall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian 1546 of 1860 penal code, and every appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1i~74 347d (1) an appeal shall lie to the administrator against an order of the appellate tribunal, made in an appeal under section 110 343 or section 347b, confirmin g, modifying or annulling an order or notice made under this act appeal ~ order ofap-pellat trlb1olllll1       (2) the provisions of sub-s~ctions (2) and (3) of section 347b and section 347c and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section 115 as they apply to the filing and disposal of an appeal under those sections       (3) an order of the                                     administrator on an appeal under this section, and subject only to such order, an order of the appellate tribunal under section 347b, and subject to such orders of the ad- 30 ministrator or an appellate tribunal, an order or notice of an authority appealable under this act, shall be fintu bar of jurisdjc tion of courte     347e (1) after the commencement of section 7 of the delhi municipal corporation (second amendment) act, 1983, no court shall entertain any suit, application or other proceedings in respect                                                                            of 3~ any order or notice appealable under section 343 or section m7b and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections    (2) notwithstanding anything contained                                             in                                                 sub-section (1), every suit, application or other proceeding pending in any                                                            court 40 immediately before the commencement of section 7 of the delhi municipal corporation (second amendment) act, 1983, in respect of any order or notice appealable under section 343 or section 347b, shall continue to be dealt with and disposed of by that court as if the said section had not been brou&ht into force                                                                 45 8 in section 452 of the principal act, in sub-section (1), for the wordt "refer the calle for determination to the court of lb! dis!rict judge of delhi", the following shali be substituted, namely:--"refer the case for determination-5 (a) to the appellate tribunal, if such demand relates to the expenses incurred in taking necessary action cir steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, orderor requisition under sections 317, 325, 343, 344 and 345; 10 (b) to the court of the district judge of delhi, in any other cue" t in section 456 c'f the principnl act,-ameadmental aect101l 458 15 (a) in sub-section (1), for the words "to the court of the district judge of delhi", the words and figures u; if ~llch notice, order or requisition is issued under section 317 or section 325 or section 343 or section 344 or section 345 or section 347 to tlje appellate tribunal or if such notice, order or requisition is iss'1ed under any other provision of this act, to the court of the distdct judge of delhi" shall be substituted; lao (b) in sub-section (2), for the words '''l1le court", the words "the appellate tribunal or the court, as the case may be" shall be substituted 10 section 461 of the principal act shall be re-numbered u lub-intction (1) thereof, and after sub-section (1) as so re-numbered, the 85 following sub-section shall be inserted, namely:-amedmen\of mctlon 481 "(2) notwithstanding anything contained in sub-section (1), whoever contravenes the provisions of sub-section (1) of section 317 or sub-section (1) of section 320 or sub-section (1) of section 321 or sub-section (1) of section 325 or section 339, in relation to any 30 street which is a public street, shal] be punishable with simple imprisonment which may extend to six months or with flne which may extend to flve thousand rupees or with both" 11 after section 466 of the principal act, the following section shall 1nmrbe inserted, namely: -tlon of new eect10n u4e6a the code of criminal procedure, 1m, shall apply to,-'t of 11'l4 35 0688a certal'd o1!encee to be copilaole (a) an offence under sub-section (5) of section 313 or section 332 or sub-section (1) of rectfon 333 or sub-section (1) of section 334 or section 343 or section 344 or section 345 or section 3047; 40 (b) an offence under sub-seetion (1) of section 317 or sub-~ection (1) of section 320 or sub-section (1) of section 321 or sub-section (1) of section 325 or section 339 in rptation to iuly street which is a public street, as if it were -a cognizable -offence-(n for the- purposes of jtjv(>sti~ation of such offence: and 45 (ii) for the purpose~; of all matters other than-(1) matters referred to in section ~ of that cod, and (2) arrest of a person, l'xc'ept on the complaint of, or upon information received from, such ofrcer of the corporation, not being below the rank of a deputy commissioner, 5 as may be appointed by the administrator: provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erec- 10 tion or execution sanctioned by the commissioner which is tompoundable on payment of an amount under the bye-laws relatidl to 'building'j made under this act" 12 for section 467 of the principal act, the following section shall be substituted, namely:-15 substitution of new section for section 487 prolecu-tiona "467 save as otherwile provided in this act, no court "hall proceed to the trial of any of!ence,-(a) under sub-section (5) of section 313 or section 332 or sub-section (i) of section 333 or sub-section (i) of section 334 or section 343 or section 344 or section 345 or section 347, except 110 on the complaint of, or upon information received from, luch officer of the cn~oration not beinp, below the rank of a deputy commissioner, as may be aopointed by the administrator; (7)) under sub-section (1) of section 317 or sub-section (1) of section 320 or sub-section (1) of section 321 or sub-section (1) 115 of section 325 or st!clion 339 if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, !'iuch officer of the corporation not beinl! below the rank of a deputy commissioner as may be appointed bv the administrator; 30 (c) other than those specified in clauses (a) and (b), except on the complaint of, or upon information received from, any of the fo1lowing appropriate municipal authorities that is to say the commissioner, the general manager (electriclty) or a person authorised by any of them by a general or pecial 35 order in this behalf" 13 tn the twelfth scnedule to the principal act-blendmentol 'l'welf'th ~hedulf! (a) against section 313, sub-section (5) in 1:h~ third column fo~ the lettercl and fisrurps "r!': 500" thp words "'rfftorous fmorisonmcmt which may extend to three yel'trs" shall be substituted, and th~ e:rlst 40 ing entt'y in the fourth column shall be omitted: (b) against section 332, in the third column for th, letters an~ figure!! "lb 1000", the won:ls letter"! and fl~\jre~ "s;''l1n~ imprisonment which mavextenyl to six months or with fine which mrv e~· tend to lls 5000 or w;t,h hoth" ~hall b  !'luhstitnte;' ptlif +"9 ~~i!"hn" 45 entr~ in the fom'th ct'lll1mn !o1'lall be om'tted: (c) against section 333, sub-section (1), in the third column, for the letters and figures "rs 100", the words, letters and figures "simple imprisonment which may extend to six months, or with fine which may extend to rs 5,000 or with both" shall be substituted; 5 (d) against section 334, sub-section (1), in the third column, for the letters and figures "rs 100", the words, letters and figures "simple imprisonment which may extend to six months, or with fine which may extend io rs 5,000 or with both" shall be substituted; 10 (e) against section 343, in the third column, for the letters and figures "ra 1,000", the words, letters and figures "simple imprisonment which may extend to six months, or with fine which may extend to rs 5,000 or with both" shall be sudstituted and the existing entry in the fourth column shall be omitted; (f) against section 344, in the third column, for the letters and figures "bs 1,000", the words, letters and figures "simple imprisonment which may extend to six months or with ftne which may extend to rs 5,000 or with both" shall be substituted; 20 (g) against section 345, in the third column, for the letters and figures firs 500", the words, letters and figures "simple imprisonment which may extend to six months or with fine which may extend to rs 5,000 'or with doth" shall be substituted; (h) against section 347, in the third column, for the letters and figures "rs 500", the words, letters and figures "simple imprisonment which may extend to six months or with fine which may extend to rs; 5,000 or with both" shall'be substituted, and tlie existing entry in the fourth column shall be omitted the problem of encroachment on public lands and unauthorised con· structions in delhi and the need for taking timely and effective action in such cases, had been engaging the attention of the government for some time it was suggested in many quarters that it is necessary to strengthen the law to make encroachment on public lands and unauthorised constructions cognizable offences the estimatc'~ committee of parliament had also made similar recommendations 2 in recent years, growth of unauth :lrised colonies, encroachment on public streets, unauthorised construction" on public and private lands and conversion of residential constructions 'nto commercial complexes have assumed alarming proportions owing to substantial increase in the population of delhi, there had been a nor 'r scramble for occupying vacant lands unauthorisedly and to develop th( n into colonies 3 the local authorities in delhi inclu(;ng the delhi municipal corporation have not been able to effectively prevent these activities because of persons taking recourse to legal proceedings and obtaining ex parte stay from civil courts these stay orders remain operative for years till -tire final settlement of legal proceedings with the result that it becomes necessary in most cases for the local authorities to regularise these unauthorised colonies and difficult to demolish these encroachments or unauthorised constructions further, prosecutions for such unauthorised con'structions have also not proved effective because of imposition of meagre fines by courts in order, therefore, to enable the delhi municipaj corporation to effectively curb these activities, it is proposed to amend the delhi municipal corporation act, 1957 4 the bill, the':"efore, provides, among other things, for the following changes in the act, namely:-(i) at present the commissioner, municipal corporation of delhi has power to make orders in cases where the erection of any building or execution of any work has been commenced or is being carried on or has been completed without or contrary to the sanction given by the co~ration to demolish or stop the erection of such building or execution of such work it is proposed to give the commissioner the power to seal such unauthorised erection or work or of the premises in which such erection or work is being carried on or has been completed such seal can be :removed only by the commi'ssioner for the purpose of demolition of such erection or work or in pursuance of an order made by the appellate tribunal or the administrator of the union territory of delhi in an appeal made under the provisions of the act; (ii) it is proposed to provide for appeals against certain notices issued or orders made under the provisions of the act to an appellate tribunal it is also propo'sea to provide for the constitution of i!"\"=o;:ij;::t ~~ ':'p';;,lf-• ~' • ~                                                           y                                                                     • -"'-~ ,  ,1 ""·'··r                                                                                                    ~ t ~ •• ---• p t,;·~t"~""""",;:,~~·· ~~-!f':! _~_~7;;~                                                               1ft                                                                            j!                                                                                           !                                                                                                                    ~                                                                                                                                                                                                                                          ~ • the appellate tribunal or tribunals for the purpose of hearing such appeals further appeal against the erders 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 of delhi on such appeals will be final and no civil court shall have any jurisdiction to entertain any pra ceedings in respect of notices issued or orders made under the act for which appeals shall lie to the appellate tribunal provision has also' been made in the act regarding the procedure to be followed by the appellate tribunals in respect of hearing appeals under the act which will include a 'specific provision that the appellate tribunal cannot give ex pa'/"lte stay of any notices issued or orders made by the commissioner; (iii) it is proposed to change the penalty of fine now specified for certain offences under the act to include imprisonment also and to make some of the offences cognizable; (iv) opportunity i's being availed of to make certain other changes of a consequential and minor nature 5 the bill seeks to achieve the above objects new dam; 1'he 17th august, 1983 p venkatasubbaiah clause 7 of the bill seeks to insert a new section 347a in the delhi municipal corporation act, 1957, which provides for the constitution of ,one or more appellate tribunals for deciding appeals against notices issued or orders passed under the act sub-section (6) of that section provides for the appointment of a registrar and such other staff for the tribunals on such terms and conditions of service as may be prescribed by rules made under the act by the provisions included in the delhi development (amendment) bill, 1983 and the punjab municipal (new delhi amendment) bill, 1983, the appellate tribunal or appellate tribunals constituted under the act would also be deemed to be the appellate tribunal or appellate tribunals for deciding appeais under the provisions of the delhi development act, 1957 and the punjab municipal act, 1911 in its application to new delhi it is proposed to set up only two tribunals in the first instance to hear appeals preferred under all the three acts it is estimated that the appointment and functioning of the two tribunals would involve an annual expenditure of rs 2,24,000/- the said expenditure would, however, be met by the fees proposed to be specified by rules made under the three acts for preferring appeals under the acts 2 the bill will not involve any other expenditure, either recurring or non-recurring   clause 6 of the bill seeks to insert a new section 345a which em· powers the commissioner to make an order direcung the sealing of any erection or work or of the premises in which 'such erection or work is being carried on in the manner prescribed by rules made under the act 2 clause 7 ~f the bill seeks to insert a new section 347a in the act which provides for the constitution of one or more appellate tribunals for deciding appeals preferred under the provisions of the act subsection (2) of the said section 347a provides that the appellate tribunal shah consist of one person to be appointed by the central government on such terms and conditions of service as may be prescribed by rules sub-section (6) of the new sectlon 347a provides that every appellate tribunal shall have a registrar and such other staff on such turms and conditions ~f service as may be prescribed by rules made under the act 3 new section 347b also proposed to be inserted in the act by clause 7 of the bill provides for prescribing by rules made under the act such other order or notice relating to or arising out of planned development under the provisions of the act against which an appeal shall lie to the appellate tribunal sub-section (3) of this new section 347b provides that an appeal to the appellate tribunal shall be made in such fonn and shall be accompanied by such fees as may be prescribed by rules 4 sub-section (4) of the new section 347c also proposed to be inserted in the act by clause 7 of the bill empowers the appellate tribunal to award damages in and the costs of, and incidental to, any appeal before it in its discretion subject to such rules as may be made by the central government under the act sub-section (6) of the new section 347c states that the appellate tribunal shall, in hearing and deciding an appeal or the exec"ition of an order, follow such procedure as may be prescribed by rules under clause (f) of sub-section (7) of the said section 347c, the appellate tribunal shall have additional powers in respect of such matters as may be prescribed by rules 5 the matters in respect of which the central government may make rules under the above provisions relate to matters of procedure and administrative detail the delegation of legislative power is, therefore, nonnal in character   - - - definitions 2 in this act, unless the context otherwise requires,-- - - - 343 (1) - - - - - (2) any person aggrieved by an order of the commissioner made under sub-section (1) may prefer an appeal against the order to the court of the district judge of delhi within the period specified in the order for the 'demolition of the erection or work to which it relates (3) where an appeal is preferred under sub":'5ection (2) against an order of demolition, the court of the district judge may stay the enforcement of that order on such terms, if any, ami for such period, as it may think fit: order of demolition and stoppage of buildings and works in certain cases and appeal provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the court of the district judge unless security, sufficient in the opinion of the court, bas been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal (4) save as provi'ded in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section (5) every order made by the court of the district judge on appeal and subject only to such order, the order of demolition made by the commissioner shall be final and conclusive (6) where no appeal has been preferred against an order of demolition made by the commissioner under sub-section (1) or where an order of demolition made by the commiasioner under that sub-section has been confirmed on appeal, whether with or without variation, the pe1'lon against whom ,the order has been made shall comply with the order within the period specifted ther~ or as the case may be, within the  period, if any, fixed by the court ot the district judge od appeal an'd od the failure of the person to comply ·wtth the order witbin such period, the commissioner may himself cause the erection or the work to which the order relates to be demolished and the expenses of such demolition shall be :recoverable from such person as an arrear of tax under this act 344 (1) - - - - - (2) if an order made by the commissioner lulder section 343 or under sub-section (1) of this section directing any person to stop the erecti&n of any building or execution of any work is not complied with the commissioner may require any police oft\aer to remove such pers~n and au order of stoppale ofbuiidinpor works ineertain c8le8 _ his assistants and wormen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly - - - - - power of commimioner ·to require alteration afwork 345 (1) the commissiodier may at any time during the erection of any building or execution of any work or at any ttme within three months after the completion thereof, by a written notice, specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 336 or is in contravention of any condition of such sanction or any of the provisions of this act or any bye-law made thereunder and require the person who gave the notice under section 333 or section 334 or the owner of such buil~ing or work elther-(a) to make such alterations as may be, specified-- in tee said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or (b) to show cause why such alterations should not de made, within a period stated in the notice - - - - - 452 (1) if, when the commissioner demands payment of any expenses referred to in section 446, his right to demand the same or the amount ot the demand is disputed within ten days after such demand, the commissioner shall refer the case for determination to the court of the district judge of delhi -- - - - - reference to the court or the distlict judge in certabl cases 456 (1) the owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of this act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the dtstrict judge of delhi; and where such application is made within any time that may be fixed for the compliance with 'such provision or notice, order or requisi-tion, the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed right of owner to apply to the court of the district judge in case of obstruction by occupier : 1 (2) the court, on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the own~r for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier  - -  - 467 save as otherwise provided in this act, no court shall proceed prosecuto the trial of any offence made punishable by or under this act except tiona on the complaint of, or upon infonnation received from, any of the following appropriate municipal authorities, that is to say, the commissioner the general manager (electricity), the general manager (transport) or a person authorised by any of them by a,generel or special order ~~ ~9i~ bo}}alf·  - - - - - - penalties - - - - subject s~t!on, lub-section, claue or proviso fine ori",-prilo~nt w!&ichm'\y be imposrd daily fine which maybe impaled ----------  _--__-_  ---_  _-- - - - rs5oo rsq5 - r • 1,000 rs·so s!c ton 313 sub-section (5} utilising !ceiling or 01: ~rwil(' ~a1ing with any land or ilyingou"a private strectothrrwise than in conforrlity with orqrrlof tbe standing conunittc<! - - - - sec: ion 33lz erection ofl building without the sanction ortlle c ,mrnilliioul r ri 100 s 'ceion 333, lub-,,"clion (1) f1ilure to jtivc notice n building fintention to e~ct riloo - lui,ooo ri a5 s'ct,on 334 sub-lection (1) failure to give notice orintention to additiona, etc, to buildings make - - - - section 343 failure to d-:m,>lisb building, e~ctcd without sanction or erection ofbulldinga in travention of order con-rsl,ooo section 3-tt erection of buildi i1ffi in contravention of conditiolll of sanction, etc ri·500 - ri·5oo - ri25 -_ section 345 failure to carry out alteratiolll - - - - section 347 non-compliance with restrictions on uller of buildings - - - - ---a bnl further to amend the delhi municipal corporation act, 1857 fshrt p venk4tabubb4i4h, miftbter of state 'n the mintstrv oj home atfolr,} 