Holding

The LBZ guidelines are statutory, binding on the NDMC, and the High Court erred in deeming the plans sanctioned; the rejection of the plans was lawful.

Summary

The respondents sought sanction for a two‑and‑a‑half‑storey building with 15 dwelling units on a plot in the Lutyens' Bungalow Zone (LBZ) of Delhi. The New Delhi Municipal Council (NDMC) rejected the plans, citing violation of LBZ guidelines dated 8 February 1988 issued by the Ministry of Urban Development. The High Court, however, declared the rejection illegal and deemed the plans sanctioned under s.241(2) of the NDMC Act, directing NDMC to return the plans with an endorsement of "sanctioned". On appeal, the Supreme Court held that the LBZ guidelines have the force of law, were incorporated into the Zonal Development Plan and are binding on the Chairperson under s.41 of the Delhi Development Act and s.235 of the NDMC Act. Consequently, the High Court could not ignore these statutory mandates, and the rejection of the plans was lawful. The Court set aside the High Court judgment and clarified that any future plan must comply with the LBZ guidelines, after which the authority must decide within two months.

Issues considered

Whether the LBZ guidelines dated 8 Feb 1988 are statutory and binding on the NDMC under the Delhi Development Act and NDMC Act.
Whether the High Court could deem building plans sanctioned under s.241(2) NDMC Act despite contravention of the LBZ guidelines.
Whether the Chairperson's power to sanction under s.241 is subject to central government directions under s.41 DD Act and s.235 NDMC Act.
Whether the applicable law for approval of building plans is the date of approval rather than the date of submission.
Whether relaxation of the LBZ guidelines can be effected without the approval of the Prime Minister's Office.

Legislation cited

Delhi Development Act, 1957s. 12, s. 41
General Clauses Act, 1897s. 14, s. 21
New Delhi Municipal Council Act, 1994s. 235, s. 241
Transaction of Business Rules, 1961s. Rule 12

Subjects

Town planningBuilding plan sanctionLutyens' Bungalow ZoneStatutory guidelinesCentral government directionsArticle 73 ConstitutionDelhi Development ActNDMC ActAdministrative law

Judgment

[2008] 12 S.C.R. 867

·~

N.D.M.C. & ORS. A
V.
MIS TANVI TRADING & CREDIT PVT. LTD. & ORS.
(Civil Appeal No. 5292 of 2008)
AUGUST 28, 2008
B
-f [K.G. BALAKRISHNAN, CJI, R.V. RAVEENDRAN AND
J.M. PANCHAL, JJ]

Town Planning:
New Delhi Municipal Council Act, 1994: c
ss. 235 and 241 - Power of Chairperson to sanction
building plans - Plans submitted in 1994 for sanction to
construct 2~ storey dwelling units on a plot situate in Lutyens'
Bung/ow Zone in New Delhi area - Rejected by Chairperson,
D
~ NDMC holding the plans contrary to LBZ guidelines dated
8.2.1988 issued by Central Government - High Court
~
declaring the plans as deemed to have been sanctioned uls
241 (2) and directing the Municipal authorities to return the
plans with the endorsement "sanctioned" - HELO: LBZ
guidelines dated 8.2.1988 having been issued by the Central E
Government in exercise of power uls 41 of DD Act, have the
force of law and the plans which were contrary to the said
guidelines could not have been sanctioned - Besides, the
concept of 1988 guidelines having been incorporated in
...), Master Plan 2001 and Master Plan 2021, the same have ·F
become binding as part of the Master Plans - Even otherwise,
guidelines dated 8. 2. 1988 will have to be regarded as issued
by Central Government in exercise of power under Article 73
of the Constitution - Directions issued by Central Government
on 8.2.1988, 6.10.1975 and 17.5.1976 uls 241 of NDMC Act G
_..·\' and s.41 of DD Act were binding on Chairperson, NDMC and
no illegality was committed by him in rejecting the plans -
Contrary directions issued by High Court set aside - Delhi
Development Act, 1957 - ss. 12 and 41 - Constitution of
867 H
868 SUPREME COURT REPORTS [2008] 12 S.C.R.

r
A India, 1950 - Articles 73 and 226.
Town Planning:
Sanction of building plans - HELD: The law applicable
for approval of building plans would be as on the date on
B which the approval is granted and not on the date on which
plans are submitted - Zonal Development Plan prepared u/ 1'-
s 8 of DD Act and approved by Central Government has legal
sanction and provisions therein are mandatory in nature -
Delhi Development Act, 1951 - s.8.
c Constitution of India, 1950:
Articles 226 and 73 - Writ jurisdiction of High Court -
While exercising powers under Article 226, High Court could
not have ignored legislative mandate incorporated in statutory
provisions and the guidelines issued by Central Government
D
in exercise of power under Article 73 - New D~lhi Municipal
Council Act, 1994 - ss. 235 and 241 - Delhi Development ~·
Act, 1956 - ss: 12 and 41.
-· · Respondent nos. 1 to 9, the owners of a plot falling
E within Lutyens' Bunglow Zone (LBZ) in New Delhi area,
approached the New Delhi Municipal Council (NDMC) on
20:4.1998 to sanction the building plans for construction
of two and· a half storey building with 15 dw~lling units.
The plans were rejected on .17.6.1998 on the ground, inter
F- alia, that the plans were in breach of LBZ guidelines dated Jr--
8.2.1988 issued by the Ministry of Urban Development,
Government of India. On appeal by the respondents, the
Appellate Tribunal remanded the matter to NDMC holding
that the 1988 guidelines were interim in nature. On further
appeal by· the respondents, the Leutenant Governor of
G
Delhi upheld the order of remand observing that as per ..
'f.

the guidelines dated· 8.2.1988 the building plans could
not be sanctioned. The respondents filed a writ petition
before the High Court which, by an interim order, directed ,
the Chairman, NDMC to consider sanctioning of the plans
H
N.D.M.C. & ORS. v. MIS TANVI TRADING & 869
CREDIT PVT. LTD. & ORS.
-"I(
originally submitted by the respondents. The Chairman, A
NDMC rejected the plans holding that the 1988 guidelines
were not interim in nature but were final and mandatory
and that the guidelines issued in the years 1988, 1995,
1996 and 1997 had not been complied with. However, the
High Court finally disposing of the writ petition held that B
the order rejecting the building plans submitted by the
respondents was illegal and without jurisdiction; it
declared the building plans as deemed to have been
sanctioned u/s 241(2) of the New Delhi Municipal Council
Act, 1994. NDMC was directed to return the building plans c
to the respondents with an endorsement "sanctioned".
Aggrieved, NDMC and the Union of India filed the instant
appeals.
Allowing the appeals, the Court
D
) HELD: 1.1 On the facts and in the circumstances of
)>
the case, the High Court was not justified in holding that
the rejecti9n of the plans submitted by respondent Nos.1
to 9 was either illegal or without jurisdiction; nor was the
High Court justified in directing the NDMC to return the
said plans with an endorsement of "sanctioned" thereon. E
The High Court while exercising powers under Article
. 226 of the Constitution of India, could not have ignored
-the mandate of s.41 of the Delhi Development Act, 1957
and s. 235 of the New Delhi Municipal Council Act, 1994
._.( nor could it have directed the Chairman, NDMC to act F
contrary to those provisions. [para 15] [890 E-F]
1.2The directions issued by the Central Government
by letters dated 8.2.1988 and 6.10.1995 are in exercise of
its powers u/s 41 of the DD Act and are binding on the
G
~
...;
Authority. The Central Government while approving Zonal
Development Plan has approved the Ministry's guidelines
dated 8.2.1988 under the DD Act and, therefore, in terms
of Section 12 of the Act neither the Authority nor the local
authority could have sanctioned the plans submitted by
H
870 SUPREME COURT REPORTS [2008] 12 S.C.R.

A the respondents, which were contrary to the Ministry's
guidelines dated 8.2.1988. Further, after August 1, 1990
the concept of LBZ guidelines was incorporated in the
Master Plan, 2001 and since then LBZ guidelines have
become binding as part of the said Master Plan. [para 8]
B [883 At 882 F-G, 883-8]
1.3 After coming into force of the NDMC Act, 1994, .the t--
areas falling within the control of NDMC are governed by
the said Act and since the plot in question falls within the.
NDMC area, the NDMC Act applies to the said area w.e.f.
C May 25, 1994, i.e. the day on which the said Act, 1994 .came
into force. The direction issued by the C~ntral Government
on May 17, 1996 under Section 235 of the NDMC Ad and
directions issued on 8.2.1988 and 6.10.1995 under Section
41 of the DD Act were binding on the Chairperson, NDMC
o while exercising powers under Section 241 of the NDMC
Act, and no illegality was committed by him in refusing to ..
grant sanction to the building plans submitted by the -t
respondents. [para 8-9] [883 E, 885 C-E]
2.1 The directions/guidelines dated 8.2.1988 have the
E force of law and cannot be termed as administrative
instructions; more particularly in view of non-obstante
clause with which Section 235 of the NDMC Act begins.
Moreover, development in LBZ cannot be undertaken in
violation of the provisions of the DD Act, the Master Plan
F ·and the Zonal Plan. [para 9] [885 E-F, 886 B]
2.2 Even assuming that the LBZ guidelines dated
8.2.1988 are not relatable to DD Act or NDMC Act, the same
will have -to be regarded as issued by the Central
Government in exercise of powers under Article 73 of the
G Constitution of India. Evidently, the guidelines dated
8.2.1988, 17.5.1996 and 9.5.1997, issued in exercise of power
+...
conferred by Article 73, are for the planned development
of Delhi as well as for achieving objects of DD Act and
N.D.-M.C. Act. Therefore, those guidelines cannot be ignored
H by Court. [para 9] [886 B, 886 G-H, 887 A]
N.D.M.C. & ORS. v. MIS TANVI TRADING & 871
CREDIT PVT. LTD. & ORS.
·~
3.1 The directions issued under Section 41 of th.e A
DD Act and Section 235 of the NDMC Act by the Central
Government, are binding on the Chair-person of NDMC
when he exercises his powers under Section 241 of the
NDMC Act. The legislative mandate· incorporated in
Section 41 of the DD Act and Section 235 of the NDMC B
Act relating to control of the Central Government as well
as contents of Master Plan 2001, which makes a special
reference to the LBZ and on the maintenance of its
character, could not have been ignored by the High Court
while deciding the petition filed by the respondents under c
... Article 226 of the Constitution. [para 9] [887 A-C]
3.2 The LBZ guidelines became statutory after their
incorporation in the Zonal Development Plan on October
1, 1999. The Zonal Development Plan prepared under
Section 8 of the DD Act and approved by the Central D
,)
Government has legal sanction and provisions contained
therein are mandatory in nature. In view of the provisions

' of Section 241 of the NDMC Act, the building plans
submitted by the respondents which are contrary to the
provisions of the Zonal Development Plan approved by E
the Central Government under the DD Act could not have
been sanctioned. [para 9] [887 C-E]
3.3 The finding recorded by the High Court that the
plans submitted by the respondents must be deemed to
have been sanctioned under the provisions of the NDMC F
-::--1 Act is misplaced and against the weight of evidence on
record. It is, relevant to notice that what was challenged
in the petition filed before the High Court was the order
dated 1.12.1999 passed by the Lt. Governor upholding
the order of remand made by the Appellate Tribunal. G
During the pendency of the petition, the High Court had,
...-\ by interim order dated 31.7.2000, directed the Chairman,
NDMC to consider the question of grant of sanction of
the plans originally submitted. Accordingly, the Chairman,
H
872 SUPREME COURT REPORTS [2008] 12 S.C.R

A NDMC considered the plansand refused to grant sanction >-·
holding that the plans.were contrary to the guidelines
dated 8.2.1988 relating to LBZ. Under the circumstances,
the respondents were ,not entitled to a declaration that ··~
the plans submitted by them were deemed to have been
B approved, under the provisions of the NDMC Act. [para
10] [887 E-H, 888 A]
4.1 It is well settled that the law for approval of the
building plans would be as on the date on which the
approval is granted and not that on the date on which the
C plans are submitted. [para 11] [888 B]
. Usman Gani J. Khatri of Bombay vs. Cantonment Board
and others etc, etc. 1992(3) SCR 1=(1992) 3 sec 455 - relied
on.
D 4.2 On February 7, 2007, the Master Plan 2021 has
been approved in which the LBZ guidelines have been
'i..
incorporated and ·~ince plans submi.tted by. the
respondents were not approved up to the date of coming
into force of Master Plan of 2021, the LBZ guidelines will
E apply with full force to the plans submitted by the
respondents and the same being contrary to the LBZ
guidelines, could not have been directed to be sanctioned.
[para 11] [888 C-D]
5. Since the LBZ guidelines dated February 8, 1988
F and the guidelines dated 9.5.1997 have the force of law,
the respondents would be entitled to develop the plot in
question in accordance with the said guidelines and submit
building plans accordingly. The order rejecting the building
plans submitted by the respondents indicates that as the
G plot was carved out of another plot, the concept of mother
plot got introduced and, therefore, the respondents were
not entitled to construct a bungalow more in height than : J
f
the height of the bungalow which was existing on ·the I

original plot. They would not be entitled to construct 15
H dwelling units which is quite contrary to the. L~Z guidelines.
N.D.M.C. & ORS. v. MIS TANVI TRADING & 873
CREDIT PVT. LTD. & ORS.

[para 15] [890 G-H, 891 A-8,D] A
Case Law Reference
1992 ( 3 ) SCR 1 relied on para 11
. CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5292 B
of 2008
, --' From the final Judgment and Order dated 19.5.2004 of the
High Court of Delhi at New Delhi in W.P. (C) No. 4154 of 2000
WITH
c
C.A. No. 5293 of 2003
Vikas Singh,A.S.G., Salman Khurshid, Rakesh K. Khanna,
T.S. Doabia, Dr. Rajeev Dhawan, Rashmi Khanna, Pranav Vyas,
Shailja Sinha, Faizy A. Syed, Surya Kant, Ashok K. Srivastava,
G. Prakash, Shiv Lakshmi, Udita Singh, Arnita Narayan, B.K. D
Prasad, V.K. Verma, Manish Vashisht, Sameer Vashisht and
Ashok Mathur for the appearing parties.
The Judgment of the Court was delivered by
J.M. PANCHAL, J. 1. Leave granted in both the special E
leave petitions.
2. These appeals are directed against common judgment
dated May 19, 2004 rendered by the Division Bench of the
High Court of Delhfat New Delhi in C.W.P. No.4154 of 2000,
whereby it is held that the order rejecting building plans submitted F
by the respondents is illegal as well as without jurisdiction and
declared that the building plans submitted by the respondents,
are deemed to have been sanctioned under Section 241 (2) of
the New Delhi Municipal Council Act, 1994 (for short "NDNC
Act"). Further; the New Delhi Municipal Council is directed to G
return the. building plans submitted by the respondents with an
endorsement "sanctioned" within the time specified in the order.

3. The relevant facts emerging' from the record of the case
are as under:
874 SUPREME COURT REPORTS [2008] 12 S.C.R.

A The disputed plot was leased to one Shri R.B.L. Teerath 1-
Ram on March 9, 1923. The plot was thereafter mutated in the
name of M. Rai and ·sons on September 2, 1958. A portion of
the plot, which was lying vacant, admeasuring 5000 sq. yards
was carved out and numbered as Plot No.47. It was mutated in
B the name of Sardar Harcharan Singh Duggal on March 4, 1976.
The opening of the carved out ptotwas on Amrita Shergil Marg,
South Delhi. The Ministry of _Urban Development, Government ~
I
of India, had imposed temporary ban on construction of multi-
storeyed buildings in NewDelhi including areas under the Delhi r
c Development Area and Delhi Municipal Council falling in South
Delhi, with effect from 17.10.1985; till the Master Plan for Delhi
- 2001 was finalized. This ban was partially lifted in respect of I
,_
'

Con naught Place area, subjed to certain conditions. Pending ~
I
finalization of the Master Plan ·for Delhi 2001, it was decided
that revised comprehensive ·guidelines with regard to multi-
D
storeyed buildings in Delhi should be prepared. Accordingly,
guidelines were prepared on 8.2.1988 and it was decided that <.. I

high rise constructions fn Delhi should continue to be regulated
subject to compliance With conditions of detailed urban design *
clearance, fire fighting requirement and requirements under
E other provisions like the Master Plan, Zoning Regulations,
Building Bye-Laws etc ...
4. As far as Lutyens' Bungalow Zone ("the LBZ" for short)
is concerned, it was noticed that the LBZ was dominated by
F green areas bungalows and therefore, in order to maintain the
said character, it was n~cessary to have separate set of norms
).._ ...
for the said zone area. The separate set of norms prescribed I:::
j
for the LBZ in Guidelines dated 8.2.1988 were as under: '

"Lutyens' Bungalow Zone: In order to maintain the present
t;
G character of Lutyens' Delhi, which is still dominated by
. L
green areas bungalow, there should be a separate set of ·j._

H
norms for this· zone area. This area has been clearly
demarcated. It will consist of the entire Lutyens' Delhi
excluding the area between Baba Kharag Singh Marg on
the South, Punchkuin Road on the North and the ridge on
•
t
r
. I
N.D.M.C. & ORS. v. M/S TANVI TRADING & 875
CREDIT PVT. LTD. & ORS. (J.M. PANCHAL, J]
4 the west (ii) the area between Baba Kharag Sing Marg, A
•~' ' Ashok Road, Ferozshah Road, Barakhamba Road and
/
the Connaught Place, (iii) Mandi House and (iv) the
~-.;.,.

institutional area where the Supreme Court is situated. It
will, however, include the areas presently out of Lutyens'
Delhi which consist of (I) Nehru Park, (ii) Yashwant Palace B
(iii) the area between Yashwant Palace and the railway
line on the South/and (iv) the area lying between Nehru
Park - Yashwant Palace on the West and the boundary of
Lutyens' Delhi on the Western edge of Safdar Jung
Aerodrome and the Race Course. There were the following c
norms for construction in the Lutyens' Bungalow Zone.
(i) The new construction of dwelling on a plot must have
the same plinth area as the existing bungalow and
must have a height not exceeding the height of the
bungalow in place, or if the plot is vacant, the height D
> of the bungalow which is the lowest of those on the
adjoining plots.
~

(ii) In the commercial areas, such as Khan Market,
Yashwant Palace etc., and in institutional areas within
the Lutyens' Bungalow Zone, the norms will be the same E
as those for these respective areas outside the zone.

(iii) The existing regulations for the Central Vista will
continue to be applicable.
(iv) The demarcation line of the Lutyens' Zone should not F
.... _,)( run along prominent roads because, if it does so,
there will be bungalows on the side of the road and
the high rise buildings on the other side. It has,
therefore been decided that the demarcation of the
Lutyens Bungalow Zone should run along the first G
~ inner/outer road or land from the prominent road
~ .,I
through which the demarcation line is shown in the
map. However, the demarcation can run through the
prominent road where there is park, ridge or green
area on the other side of the road. H
876 SUPREME COUHT REPORTS [2008) 12 S.C.R.

A (c) As already stated, the maximurn per floor
coverage of 25% should include the area
required for all service except passage to the
building. Thus the facility must be included in
the 25% and it must be underground. In case of
B . new buildings that come up in the Centre
Business Districts (Cannaught Place) Business
Districts. The remaining 75% must included only
the passage to the buildings and the green area
around. ·-·
c (d) The FAR for the six area listed below will be as
indicated against each::
S. ZONE Maximum
No. permissible FAR
CBD (Central Business District
D 1.
or Can naught Place Area)
250
-
I
--
2. District Centre 250
3. Sub-District Centre 100
4. Community Centre/Local Centre 100
E
5. Group Housing (Residential) 25_0
6. Institutional 250

Ther~ will not be a separate Governmental Category for
FAR specifications. The norms for Government
F construction will be governed by the norms specified for
the zone where the Government building is to be
constructed."
On August 1, -1990, th-e Master Plan 2001 was approved
G wherein it was specifically mentioned that the bungalow
,character of LBZ needs to be preserved. The Master Plan even .,._
without specifically mentioning LBZ guidelines visualized similar "-..
treatment of the LBZ so as to maintain the low density area
without in any manner adversely affecting the green cover in the
H area. On July 27, 1993 objections were invit~d to the Zonal
N.D.M.C. & ORS. v. M/S TANVI TRADING & 877
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]
·+ Development Plan whereas on May 25, 1994 the New Delhi A
Municipal Council Act, 1994 came into force.
5. The Respondent Nos.1 to 9 purchased. plot No.47,
Amrita Shergil Marg, New Delhi by a registered sale deed on
October 28, 1994, in execution application which was filed
pursuant to a decree passed in Suit No.307 of 1993. The said 8
plot was mutated in the name of Respondent Nos.1 to 9 on
March 22, 1999. On 20.4.1998, the respondents approached
the New Delhi Municipal Council ( "the NDMC" for short) to
sanction the building plans for construction of two and a half
storey building having 15 dwelling units. The NDMC rejected c
the plans by an order dated 17.6.1998 on several grounds·
including the ground that the plans were in breach of the LBZ
guidelines. Feeling aggrieved, the respondents filed an appe!"al
under Section 254 of the NDMC Act, 1994, before the Appellate
Tribunal, MCD, New Delhi. The Appellate Tribunal by order dated D
... > 23.9.1999 remanded the case to the NDMC holding that the
+ guidelines issued in the year 1988 were interim in nature. The
respondents were of the opinion that the matter should not have
been remanded to the NDMC and, therefore, challenged the
order of remand by filing an appeal under Section 256 of NDMC E
Act, 1994 before the Lieutenant Governor of New Delhi. ·The
Lieutenant Governor, New Delhi rejected the appeal filed by
Respondent Nos.1 to 9 and by an order dated 1.12.1999 upheld
the order of remand of the case to the Chairman, NDMC by
observing that as per the clear guidelines of the Ministry of F
---~ Urban Development dated February 8, 1988, the building plans
of the respondents could not have been sanctioned. Though
pursuant to remand order, the respondents appeared before
the Chairperson NDMC, they did not resubmit the building plans

- ,.,
,._
as required by the remand order and preferred Writ Petition
N0.4145 of 2000 before the High Court of Delhi from which the
present appeals arise. During the pendency of the petitions,
the High Court by its order dated July 31, 2000 directed the
G

Chairman, NDMC to consider the question of grant of sanction
of the plans originally submitted. The Chairman, NDMC, by his
H
878 SUPREME COURT REPORTS '-t··
[2008] 12 S.C.R.
r
A order dated November 13, 2000, rejected the building plans -t-
submitted by Respondent Nos: 1 to 9 by holding that guidelines
issued in the years 1988, 1995, 1996 and 1997 were not
complied with. It was held by the Chairman that the guidelines
issued in the year 1988 were not interim in the nature as
B observed by the Appellate Tribunal but were final and mandatory.
The respondents filed an application in pending petition stating
that the matter was also considered by the Ministry of Urban ~

Development and, therefore, the High Court by order dated
March 21, 2003 issued notice to -the Ministry of Urban 1--
c Development, which was not originally a party to the writ petition.
The Ministry of Urban Development filed its affidavit before the
High Court stating that the idea behind the maintenance of LBZ i-
was to have a low density of development and that the 1988
guidelines were in operation. It was further pointed out that vide
letter date May 1, 2003 the Ministry had referred the matter to
D
the Prime Minister'.s Office for relaxation of LBZ guidelines but
PMO had informed the Ministry that the relaxation of LBZ " ~""
guidelines for construction of building had not been approved. +
The High Court after considering the materials placed before
it has rendered the impugned judgment giving rise to the above
E numbered appeals. IL

6. This Court has heard the learned counsel for the parties
at length and in great detail. This Court has also considered the I
~
documents forming part of the two appeals. The contention
F advanced on behalf of the respondents that LBZ guidelines
dated February 8, 1988 have no legal basis or statutory
~--
foundation and, therefore, the High Court was justified in giving
the impugned directions, cannot be accepted.
7. In order to resolve the controversy raised in the appeals,
G it would be advantageous to reproduce Article 73 of the
Constitution, Section 41 of the DD Act of 1957, as weil as
Sections 235 and 241 of the NDMC Act, 1957. "'...
Article 73 of the Constitution reads as under:

H "Extent of executive power of the Union - (1) Subject to
( .l.

N.D.M.C. & ORS. v. M/S TANVI TRADING & 879
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]
--+-
the provisions of this Constitution, the executive power of A
the Union shall extend -
(a) to the matters with respect to which Parliament has
power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction 8
-~ as are exercisable by the Government of India by
virtue of any treaty or agreement:

. Provided that the executive power referred to in sub-

J
~
~
clause (a) shall not, save as expressly provided in
this Constitution or in any law made by Parliament, c
extend in any State to matters with respect to which
the Legislature of the State has also power to make
laws.
(2) Until otherwise provided by Parliament, a State and
D
any officer or authority of a State may, notwithstanding
-t anything in this article, continue to exercise in matters with
respect to which Parliament has power to make laws for
that State such executive power or functions as the State
or office or authority thereof could exercise immediately
before the commencement of this Constitution." E
-~
Section 41 of the DD Act, 1957 r~ads as under:
"Control by Central Government- (1) The Authority shall
carry out such directions as may be issued to it from time
~~ to time by the Central Government for the efficient F
administration of this Act.
(2) If in, or in connection with, the exercise of its powers
and discharge of its functions by the Authority under this
Act, any dispute arises between the Authority and the G
~ "' Central Government the decision of the Central
Government on such dispute shall be final.
(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 H
880 SUPREME COURT t:~EPORTS [2008} 12 S.C.R.

A passed by the 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
B order prejudicial to any person without affording such
person a reasonable opportunity of being heard." )..-

Section 235 and 241 of the NDMC Act read as under:
"235. General superintendence, etc., of the Central .~.

c Government- Notwithstanding anything contained in any t:
other provision of this Act, the Chairperson shall exercise ,·-
his powers and discharge his functions under this Chapter,
under the general superintendence, direction and control
of the Central Government.
D
"241.Sanction or refusal of building or wo.rk - (1) The
~
Chairperson shall sanction the erection of -c.: building or
the execution of a work unless such building or work would +
contravene any of the provisions of sub-section (2) of this
section or the provisions of section 245.
E
(2) The grounds on which the sanction of a building or I

work may be refused shall be the following, namely: - f
(a) that the building or work or the use of the site for the
building or work or any of the particulars comprised
F in the site plan. ground plan, elevation, section or
).__ -
specification would contravene the provisions of any
bye-law made in this behalf or of any other law or
rule, bye-law or order made under such other law;
(b) that the notice for sanction does not contain the
G
particulars or is not prepared in the manner required x
under the bye-laws made in this behalf; ~

(c) that any inforrnation or documents required by the
Chairperson under this Act or any bye-laws made
H thereunder has or have not been duly furnished;

l-
N.D.M.C. & ORS. v. MIS TANVI TRADING & 881
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]
-+ (d) that in cases falling under section 216, lay-out plans A
have not been sanctioned in accordance yvith section
217;
(e) that the building or work would be an encroachment
on Central Government or Government land vested
in the Council;- B
---(
(f) that the site of the building or work does not abut on
a street or projected street and that there is no access
to such' building or work from any such street by a
passage or pathway appertaining to such site; c
(g) that the land on which it is proposed to erect or re-
erect such building is vested in the Central
Government- or Government or in the Council, and
the consent of the Government concerned or, as the
case may be, of the Council has not been obtained, D
; or if the title of the land is in dispute between such
~ person and the Council or any Government, or for
any other reason, to be communicated in writing to
the person, which is deemed to be just and sufficient
as effecting such building. E
(3) The Chairperson shall communicate the sanction to
the person who has given the notice; and where he refuses
on any of the grounds specified in sub-section (2) or under
section 245 he shall record a brief statement of his reasons
for such refusal and the Chairperson shall communicate F
.r' ~
the refusal along with the reasons therefor to the person
- who has given the notice.
(4) The sanction or refusal as -aforesaid shall be
communicated in such manner as may be specified in the
G
--.J.- bye-laws made in this behalf."
...
8. If one examines the scheme envisaged by the DD Act,
1957, it becomes, at once clear that the Delhi Development
Authority is constituted under Section 3 of the said Act to achieve
the objects. The objects relate to promoting and securing H
882 SUPREME COURT REPORTS [2008]12 S.C.R.

A development of Delhi by preparing the Master Plan and Zonal
Development Plans. Section 7 which falls within Chapter Ill of
the DD Act, 1957 provides for preparation of the Master Plan.
Section 8 of the DD Act inter-alia provides that simultaneously
with the preparation of the Master Plan or as soon as may be
B thereafter, the Authority shall proceed with the preparation of a
Zonal Development Plan for each of the zones into which Delhi
may be divided. Section 8(2) sets out what .the zonal
development plan may contain whereas Section 9 requires that
the master plan as well as the Zonal Development Plan for a
c zone prepared, has to be submitted by the Authority to the
Central Government for approval. Section 11 of the Act provides
that after a plan is approved by the Central Government, the
Authority has to publish in such a manner, as may be prescribed
by regulations, a notice stating that a plan has been approved
D and the date of the first publication of the notice is the date on
which the plan comes into operation. Chapter IV deals with
development of lands. What is stipulated in Section 12 of the
DD Act is that neither the authority nor any other local authority
shall sanction any plan which shall be contrary to the development
norms approved under the Act. The record of the case
E establishes that the Master Plan of Delhi, came into force with
effect from August 1, 1990. The record further shows that Zonal
Development Plan, Zone (Division) D New Delhi was approved
by the DOA on July 27, 1993. During the pendency of the petition
before the High Court, the Zonal Development Plan was
F approved by the Central Government on October 1: 1999
excluding LBZ area as contained in the Ministry's guidelines
dated 8.2.1988. It means that the Central Government while
approving Zonal Development Plan has approved the Ministry's
guidelines dated 8.2.1988 under the Act and therefore, in terms
G of Section 12 of the Act neither the Authority nor the local authority
could have sanctioned the plans submitted by the respondents,
which were contrary to the Ministry's guidelines dated 8.2.1988.
Further, the question of revision of guidelines prescribed for
construction in LBZ in New Delhi was under consideration of
H the Central Government and the Central Government by its
N.D.M.C. & ORS. v. M/S TANVI TRADING & 883
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]

communication dated 6.10.1995 directed the D.D.A. and others A
to enforce existing guidelines strictly. There is no manner of
doubt that, the directions are issued by the Central Government
vide letter dated 8.2.1988 and 6.10.1995, in exercise of its
powers under Section 41 of the D.D. Act and are binding on the
Authority. It is relevant to notice that after August 1, 1990 the s
concept of LBZ guidelines was incorporated in the Master Plan
and since then LBZ guidelines have become binding as part of
the Master Plan. The relevant portion of the Master Plan 2001
relating to LBZ reads as under:
"Luteyan Bungalow Zone comprises of large size of plots C
and has a very pleasant environment. The Zonal character
of vide avenues, large plots, extensive landscapes and
low rise development, as a heritage value which has to be
conserved. Mixed use, high density development along
MRTS Corridor and the densification of trees, reduction D
of green cover is not permitted. The development of this
zone will be as per the plan and the LBZ guidelines, as
may be issued by the Government of India from time to
time. Civil Lines also have bungalow areas of which the
basic character has to be maintained." E
After coming into force of the NDMC Act, 1994, the areas
falling within the control of NDMC are governed by the said Act
and since Amrita Shergil Marg falls within the NDMC area, the
Act applies to the said area w.e.f. May 25, 1994, i.e. the day on
which the NDMC Act, 1994 came into force. Chapter XIV of the F
said Act relates to building regulations. Section 235 of the Act
which begins with non-obstante clause, inter-alia provides that
the Chairperson shall exercise his powers and discharge his
functions under the said chapter under the general
superintendence, direction and control of the Central G
Government. It is relevant to notice that grant or refusal to grant
sanction to the building plans is contemplated under the same
chapter. Section 241 of the NDMC Act, inter alia, provides that
sanction may be granted if the plan does not contravene the
provisions of any bye-laws made in this behalf or of any other H
884 SUPREME COURT REPORTS [2008] 12 S. C.R.

A law or rule, bye-law or order made under other such law. The + .(
record further shows that the NDMC addressed two letters dated
28.11.1995 and 4.3.1996 to the Central Government, seeking
clarification regarding demarcation of boundary of the LBZ.
While offering clarification, the Central Government, by letter
B dated 17 .5.1996, deirected the NDMC to strictly enforce the
existing guidelines laid down by Ministry of Urban Development, \

Government of India, vide letter dated 8.2.1988. The record of ~-

the case further indicates that the Central Government issued
further clarifications on 9.5.1997 and stipulated that the existing
c height of the main bungalow on a plot is to be taken as maximum
permissible height for a reconstructed bungalow whereas in
case of vacant plot, the height of the main bunglow which is
lowest of those in the adjoining plots is to be taken as maximum
permissible height. The relevant portion of the guidelines/
clarifications dated 9.5.1997 are as under:
D
"9.5.1997 Guidelines : _,..,

Sub: LBZ guidelines - Clarifications isused 1-
Ref Letter No.K-13011117186-0018 dated 8.2.1988
E I am directed to refer to the letter of this Ministry quoted
above on the above mentioned subject and to say that
certain clarifica~ions have been sought regarding the LBZ
guidelines on the following points:
(i) In cases where a plot has 2 or 3 buildings with one
F main bungalow of single storey and annexes out-
houses of more than one.storey which height would )..... "
be taken as the existing height?
(ii) Whether basements may be permitted in proposed
G additions/alterations in LBZ area?
(iii) What would be the set-back norms in the LBZ a_rea -~
...
for reconstructed bungalows?"
9. The matter has been examined in this Ministry in consultation
with the TCPO and the following clarifications are now issued:
H
N.D.M.C. & ORS. v. MIS TANVI TRADING & 885
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]

"(i) The existing height of the main bungalow on a plot to A
be taken as the maximum permissible height for a
reconstructed bungalow. If the plot is vacant, the height
of the main bungalow which is the lowest of these on
the adjoining plots is to be taken as the maximum
permissible height. B
(ii) Pending finalization of detailed development norms
in respect of LBZ areas, construction of basement in
residential plots shall not be permitted."
The LBZ guidelines dated 8.2.1988 were reiterated and c
directed to be strictly enforced on May 17, 1996, i.e. after coming
into force of the NDMC Act, 1994, and therefore became
directions issued by the Central Government in exercise of
powers conferred by Section 235 of the NDMC Act. The direction
issued by the Central Government on May 17, 1996 under
Section 235 of the NDMCAct and directions issued on 8.2.1988 D
....
/ and 6.10.1995 under Section 41 of the DD Act were binding on
the Chairperson while exercising powers under Section 241 of
the NDMC Act and no illegality was committed by him in refusing
to grant sanction to the building plans submitted by the
respondents. The plea that the directions dated 8.2.1988 etc. I=
should be treated as administrative instructions not binding on
the authorities acting either under DD Act or NDMC Act cannot
be upheld as those guidelines have the force of law and cannot
be termed as administrative instructions, more particularly in
view of non-obstante clause with which Section 235 of the ~
NDMC Act begins. Section 235 of NDMC Act cannot be
construed to mean that it confers only powers to issue
administrative instructions. Section 235 is a salutary provision
of the Act and has overriding effect over other provisions of the
Act including Section 241 of the Act. The scheme envisaged by G
Section 235 and 241 of the Act is such that under Section 241
of the Act the Chairperson has power to sanction the erection
of a building or the execution of a work unless such building or
work contravenes the provisions of any bye-law made in that
behalf or of any other law or rule, bye-law or order made under H
886 SUPREME COURT REPORTS [2008] 12 S.C.R.

+·
A such other law whereas the Chairperson has no option but to
exercise his powers and discharge his functions under Chapter
XIV which includes Section 241 of the Act also, under the general
superintendence, direction and control of the Central
Government in view of mandatory provisions of Section 235 of
B the Act. Moreover, development in LBZ cannot be undertaken
in violation of the provisions of the DD Act, the Master Plan and ).._
the Zonal Plan. Even assuming that the LBZ guidelines are not
relatable to DD Act or NDMC Act, the Central Government
undoubtedly could, in exercise of executive power introduce
c those guidelines. At this stage, it would be instructive to refer to
the extent of executive power of the Union as provided in Article
73 of the Constitution. Article 73 inter-alia provides that, subject
to the provisions of the Constitution, the executive power of the
Union extends to the matters with respect to which Parliament-
has power to make laws. The Parliament has enacted The
D
Delhi Development Act, 1957 and the New Delhi Municipal ....
Council Act, 1994. Article 73 does not define what an executive ""'
-1-
function is, neither does it mention the matters over which the
executive power is exercised. The extent defined in Article 73
is not exhaustive. The Union Government has power to issue
E executive directions relating to the matters dealt with under The
DD Act, 1957 and The NDMC Act, 1994, though the directions
contrary to the provisions of those Acts cannot be issued. The
executive power of the Union, under Article 73 extends to the
matters with respect to which Parliament has power to make
F laws and hence, the field in which law could have been made, .,.___ <
executive instructions may be issued in the absence of
legislation in the field or if there is existing legislation, then to
supplement it. Viewe.d in the light of above principles, there is
no manner of doubt that LBZ guidelines dated 8.2.1988 will
G have to be regarded as issued by the Central Government in ,,..
exercise of powers under Article 73 of the Constitution. Evidently, ..
the guidelines dated 8.2.1988, 17.5.1996 and 9.5.1997, issued
in exercise of power conferred by Article 73, are for the planned
development of Delhi as wel! as for achieving objects of DD Act
H and N.D.M.C. Act. Therefore, those guidelines cannot be
N.D.M.C. & ORS. v. M/S TANVI TRADING & 887
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]
~
~
ignored by Court. However, as observed earlier, the directions A
issued under Section 41 of the DD Act, 1957 and Section 235
of the NDMC Act by the Central Government, are binding on the
Chairperson when he exercises his powers under Section 241
of the NDMC Act, 1994. The legislative mandate incorporated
in Section 41 of the DD Act, 1957 and Section 235 of the B
NDMC Act relating to control of the Central Government as well
_,. as contents of Master Plan 2001, which makes a special
reference to the LBZ and on the maintenance of its character,
could not have been ignored by the High Court while deciding
the petition filed by the respondents under Article 226 of the c
Constitution. It deserves to be mentioned that the LBZ guidelines
became statutory after their incorporation in the Zonal
Development Plan on October 01, 1999. The Zonal
Development Plan prepared under Section 8 of the DD Act and
approved by the Central Government has legal sanction and
D
provisions contained therein are mandatory in nature. In view of
the provisions of Section 241 of the NDMC Act, the building
~ plan submitted by the respondents which are contrary to the
provisions of the Zonal Development Plan approved by the
Central Government under the DD Act could not have been
sanctioned. E

10. The finding recorded by the High Court that the plans
submitted by the respondents must be deemed to have been
sanctioned under the provisions of the NDMC Act is misplaced
and against the weight of evidence on record. It is relevant to , F
I /..f notice that what was challenged in the petition filed before the
High Court of Delhi was order dated 1.12.1999 passed by the
Lt. Governor upholding order of remand made by the Appellate
Tribunal. During the pendency of the petition, the High Court
had, by interim order dated 31.7.2000, directed the Chairman,
G
NDMC to consider the question of grant of sanction of the plan
,;!
""" originally submitted. The Chairman, NDMC, in compliance of
said direction considered the plan originally submitted and
refused to grant sanction by order dated November 13, 2000
holding that the plan was contrary to the guidelines dated
H
888 SUPREME COURT REPORTS [2008] 12 S.C.R

't-
A 8.2.1988 relating to LBZ. Under the circumstances, the
"
respondents were not entitled to a declaration that the plan
submitted by them was deemed to have been approved, under
the provisions of the NDMC Act.
11. It is well settled that the law for approval of the building
B plan would be the date on which the approval is granted and not
the date on which the plans are submitted. This is so in view of
.)-..-
paragraph 24 of the decision of this Court in Usman Gani J.
Khatri of Bombay vs. Cantonment Board and others etc. etc.
(1992) 3 SCC 455. It would not be out of place to mention that
c on February 7, 2007, the Master Plan 2021 has been approved
in which the LBZ guidelines have been incorporated and since
plan submitted by the respondents were not approved up to the
date of coming into force of Master Plan of 2021, the LBZ
guidelines will apply with full force to the plan submitted by the
D respon~ents and the plan which is contrary to the LBZ guidelines
could not have been directed to be sanctioned. /"

'
12. It may be noticed that in answer to the query of the 1-
Court the Union of +ndia had placed before the Court the
(Transaction of Business) Rules, 1961, which clearly
E demonstrate that in such matters normally the concerned
minister is the appropriate authority to issue directions like the
directions issued relating to LBZ. However, in the instant case
the Prime Minister's Office had taken the initiative for issuance
of the guidelines which is quite apparent if one glances at
F guidelines dated 8.2.88. Rule 12 of the (Transaction of <

Business) Rules, 1961 provides that the Prime Minister may, in
+--- ~
any case or classes of cases permit departure from the Rules
to the extent he deems necessary. The record of the case does
not indicate that the Prime Minister has permitted Ministry of
G Development to relax the guidelines dated 8.2.1988. On the ,,...
contrary, as pointed out in the affidavit filed by the Ministry of ._
Urban Development, relaxations proposed were not approved
by P.M.O. Since the guidelines have been issued by the Ministry
of Urban Development at the instance and initiative of the Prime
rl Minister's Office, any relaxation in the guidelines under the
. ...
~ ~.... ~·. """"""'" ··~
.- "'·~ ........
N.D.M.C. & ORS. v. M/S TANVI TRADING & 889
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]
-"t' (Transaction of Business) Rules, 1961 would require the A
approval of the Prime Minsiter's Office. Thus, although the
subject matter of the guidelines per se falls within the scope of
the concerned minister, i.e. the Minister of Urban Development,
no relaxation, without the approval of Hon'ble Prime Minister
could be granted by any other authority, since the same have 8
been issued at the initiative of Prime Minister's Office. At this
~ stage it would be instructive to refer to the provisions of Section
14 and 21 of the General Clauses Act, 1897. Section 14 of the
General Clauses Act provides that where, by any Central Act or
Regulation made after the commencement of the Act, any power c
is conferred, then unless a different intention appears that power
may be exercised from time to time as occasion requires.
Section 21 stipulates that where, by any Central Act or
Regulation, a power to issue notifications, orders, rules, or bye-
iaws is conferred, then that power includes a power, exercisable
D
in the like manner and subject to the like sanction and conditions
(if any), to add to, amend, vary or rescind any notifications,
~ orders, rules or bye-laws so issued.
13. Therefore, this Court is of the firm opinion that it was
wrong for the High Court to make any adverse comments E
regarding the power of the Prime Minister's Office to relax the
guidelines on the ground that no such power of relaxation was
vested in the guidelines themselves. In the instant case the
question of relaxation would arise only if power to relax the
same had been vested in some authority subordinate to the F
office of the Prime Minister but since the guidelines did not
f --+ confer power to any other authority it was only the Prime
Minister's Office itself which could have relaxed the guidelines
. _on a case to case basis, exercising powers under the General
Clauses Act read with (Transaction of Business) Rules, 1961.
G
The reasons given by the High Court for ignoring the mandate
~
) contained in LBZ guidelines that it is a case of excessive
delegation, is difficult to uphold because the general power to
issue directions either under Section 41 of the DD Act or under
Section 241 of the NDMC Act are/were to be exercised for the
H
~

~
890 SUPREME COURT REPORTS [2008] 12 S.C.R.

A planned development of the Delhi and it is not even· respondents' 'T"
case that LBZ guidelines are not in conformity with the object
of either DD Act or the NDMC Act, 1994.
14. The submissions of Dr. Rajiv Dhawan, learned senior
counsel for the respondents that the LBZ guidelines violate the
B provisions of NDMC Act has no factual foundation at all because
the guidelines are for the planned development of Delhi and
~
those guidelines are in conformity with the Master Plan of 2001
as approved on August 1, 1990. Thus, the contention urged on
behalf of the respondents that the guidelines being without
c authority of law, should be ignored, cannot be accepted. It is
well to remember that while construing the LBZ guidelines the
Court will have to take notice of public interest sought to be ~

protected by the guidelines because if the guidelines had not
been scrupulously followed as has been admittedly done since
r
D 1988, the LBZ area of Delhi would never have remained the "
bungalow area as visualized in the Master Plan and within no
time sky scrappers would have come up in the LBZ seriously
...(_
affecting the low density character of the area.
15. On the facts and in the circumstances of the· case, this
E Court is of the opinion that the High Court was not justified in
coming to the conclusion ~hat the rejection of the plans submitted
by the respondent Nos.1 to 9 was either illegal or without
jurisdiction, nor the High Court was justified in directing the
NDMC to return the plans submitted by respondents with an
F endorsement of "sanctioned" thereon within the time stipulated
\
in the order. The High Court while exercising powers under +-- •
Article 226, could not have ignored the mandate of Section 41
of the DD Act and Section 235 of the NDMC Act, nor could
have directed the Chairman, NDMC to act contrary to those
G provisions. Therefore, those directions are liable to be set aside. i:
As this Court comes to the conclusion that the LBZ guidelines .).-
...
dated February 8, 1988 have the force of law, the Court will
have to consider the impact of those guidelines while
considering the question as to what extent the respondents
H would be entitled to develop the land belonging to them. The
N.D.M.C. & ORS. v. MIS TANVI TRADING & 891
CREDIT PVT. LTD. & ORS. [J.M. PANCHAL, J.]

order rejecting the building plans submitted by the respondents A
indicates that as the plot was caNed out of another plot the
concept of mother plot got introduced and, therefore, the
respondents were not entitled to construct a bungalow more in
height than the height of the bungalow which was existing on the
original plot. The plea that the words "adjoining plots" appearing B
in guidelines dated 9.5.97 should not be ascribed a meaning
inconsistent with the findings of suNey, cannot be accepted
because even if the concept of mother plot is not made applicable
to the facts of the case, the respondents would be entitled to
construct a building of the height of the bungalow which is the C
lowest on the adjoining plots. This is quite evident from the contents
of guidelines dated 9.5.97. The order further indicates that even
the adjoining bungalows do not have more than two storeys and,
therefore, the plans submitted by the respondents for two and a
half storeys building for constructing 15 dwelling units were D
rejected. On the facts and in the circumstances of the case, this
Court is of the opinion that the respondents would be entitled to
construct bungalow on their plot of land, in terms of guidelines
dated 8.2.1988 and that they would not be entitled to construct
15 dwelling units which is quite contrary to those guidelines. The
record does not indicate that the building plans of the respondents E
are fully compliant with the requirements of the Delhi Master Plan
2001 and Delhi Bye-Laws 1983 and, therefore, impugned
judgment deseNes to be set aside.
16. For the foregoing reasons the appeals succeed. The F
impugned judgment is set aside. It is clarifi~d that the
respondents would be entitled to submit their plans for
development of the plot in accordance with LBZ guidelines
dated 8.2.1988 and 9.5.1997. In the event of respondents
submitting such building plans in accordance with guidelines G
as indicated above, the appropriate authority shall pass orders
within twQ months with notice to the respondents.
17. There shall no order as to costs.
R.P. Appeals allowed.
H