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CASE STUDIES

the local body which adopts In this regard, the Delhi The Delhi Development Act,
it. Development Authority, 1957, states as follows:
an organisation under
We shall analyse the status the Central Government [53A. Restriction on
of adoption of the National creates the bye laws for power of a local authority
Building Code-2016 (or the whole of Delhi, in the to make rules, regulations
previous versions) by the areas under jurisdiction or bye-laws in respect
Delhi Development Authority of the Delhi Development of certain matters.—(1)
in the Unified Building Bye Authority. It goes on to Notwithstanding anything
Laws, 2016. state its exclusive role in contained in any law for the

ABOUT THE UNIFIED creation of the Bye Laws time being in force, no rule,
regulation or bye-law shall be
BUILDING BYE LAWS- for Delhi. The Delhi made or amended by a local
Municipal Corporation
2016 authority in respect of matters
Act, 1957 states as
Before looking directly at follows: specified in sub-section
the Unified Building Bye- (2) unless the Authority,
Laws, 2016 , the originating 332. Prohibition of building upon consideration of such
5
law must be taken into without sanction.— rule, regulation or bye-
consideration since it has No person shall erect or law, certifies that it does
been created under the Delhi commence to erect any not contravene any of the
6
Development Act, 1957 building, or execute any provisions of the master plan
along with the Master Plan of of the works specified in or the zonal development
Delhi. There is also the Delhi section 334 except with plan.
Municipal Corporation Act, the previous sanction of Under Section 57 read along
1957 which clearly states two the Commissioner, not with Section 13 of the Delhi
7
facts: otherwise than in accordance Development Authority Act,
with the provisions of this
1. No building can Chapter and of the bye- 1957, the Delhi Development
be erected without laws made under this Act Authority (or DDA) enacts
the sanction of the in relation to the erection the Unified Building Byelaws.
Commissioner of the of buildings or execution The Sanctioning authorities
Municipal Body in Delhi. of works [349A. Power of under 1.4.10 of the Unified
Central Government to
2. The onus of creating the make bye-laws.—(1) The Building Bye Laws 2016 are:
byelaws for sanction Central Government may, 1. The Delhi Development
of buildings is to be by notification in the Official Authority,
created by the Central Gazette, make bye-laws for
Government and not by carrying out the provisions 2. New Delhi Municipal
the Municipality itself. of this Chapter. Council,

3. South Delhi Municipal
Corporation,
5 ‘Unified Building Bye Laws for Delhi, 2016’ (n.d.), http://119.226.139.196/
tendernotices_docs/july2018/COMPENDIUM%20OF%20UBBL%20 4. North Delhi Municipal
201605082020.pdf.
6 ‘Delhi Development Act, 1957’, accessed 13 May 2022, https://legislative.gov.in/ Corporation,
sites/default/files/A1957-61.pdf.
7 ‘Delhi Municipal Corporation Act, 1957’ (n.d.), https://www.mha.gov.in/sites/ 5. East Delhi Municipal
default/files/DMC-Act-1957_0.pdf. Corporation,

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