12. Declaration of development areas and development of land in those and other
areas.—1
[(1) As soon as may be after the commencement of this Act, the Central Government may, by
notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of
this Act:
Provided that no such declaration shall be made unless a proposal for such declaration has been
referred by the Central Government to the Authority and the Municipal Corporation of Delhi for
expressing their views thereon within thirty days from the date of the receipt of the reference or within
such further period as the Central Government may allow and the period so specified or allowed has
expired.]
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any
development of land in any area which is not a development area.
(3) After the commencement of this Act no development of land shall be undertaken or carried out in
any area by any person or body (including a department of Government) unless,—
(i) where that area is a development area, permission for such development has been obtained in
writing from the Authority in accordance with the provisions of this Act;
(ii) where that area is an area other than a development area, approval of, or sanction for, such
development has been obtained in writing from the local authority concerned or any officer or
authority thereof empowered or authorised in this behalf, in accordance with the provisions made by
or under the law governing such authority or until such provisions have been made, in accordance
with the provisions of the regulations relating to the grant of permission for development made under
the Delhi (Control of Building Operations) Act, 1955 (53 of 1955), and in force immediately before
the commencement of this Act:
Provided that the local authority concerned may 2
[subject to the provisions of section 53A] amend
those regulations in their application to such area.
(4) After the coming into operation of any of the plans in any area no development shall be
undertaken or carried out in that area unless such development is also in accordance with such plans.
(5) Notwithstanding anything contained in sub-sections (3) and (4) development of any land begun by
any department of Government or any local authority before the commencement of this Act may be
completed by that department or local authority without compliance with the requirements of those
sub-sections.
1. Subs. by Act 56 of 1963, s. 8, for sub-section (1) (w.e.f. 30-12-1963).
2. Ins. by s. 8, ibid. (w.e.f. 30-12-1963).
11
13. Application for permission.—(1) Every person or body (including a department of Government)
desiring to obtain the permission referred to in section 12 shall make an application in writing to the
Authority in such form and containing such particulars in respect of the development to which the
application relates as may be prescribed by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by
rules:
Provided that no such fee shall be necessary in the case of an application made by a department of the
Government.
(3) On the receipt of an application for permission under sub-section (1), the Authority after making
such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of
section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject
to such conditions, if any, as may be specified in the order or refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a
reasonable opportunity to show cause why the permission should not be refused.
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and
communicated to the applicant in the manner prescribed by regulations.
(5) The Authority shall keep in such form as may be prescribed by regulations a register of
applications for permission under this section.
(6) The said register shall contain such particulars including information as to the manner in which
applications for permission have been dealt with as may be prescribed by regulations and shall be
available for inspection by any member of the public at all reasonable hours on payment of such fee not
exceeding rupees five as may be prescribed by regulations.
(7) Where permission is refused under this section, the applicant or any person claiming through him
shall not be entitled to get refund of the fee paid on the application for permission but the Authority may,
on an application for refund being made within three months of the communication of the grounds of the
refusal under sub-section (4) direct refund of such portion of the fee as to it may seem proper in the
circumstances of the case.
14. User of land and buildings in contravention of plans.—After the coming into operation of any
of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise
than in conformity with such plan:
Provided that it shall be lawful to continue to use upon such terms and conditions as may be
prescribed by regulations made in this behalf any land or building for the purpose and to the extent for
and to which it is being used upon the date on which such plan comes into force.