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TMI Blog2002 (5) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... had been consisdered. Learned counsel submitted that the said judgment must be held to have been accepted by the respondents, inasmuch as, although extensive amendements have been brought about in the said Act no amendment had been carried out in Sections 343, 344 and 345A of the DMC Act. Interpretation of the relevant provisions of law, he larned counsel would contend, thus, must be held to have been accepted by the respondents and, thus, they should not be permitte dto raise the said question once over again. 5. Mr. Das learned counsel appearing on behalf of the MCD and Mr. Sunil Malthotra, learned cousnel appearing for the Delhi Development Act (DDA Act) would, however, submit that the provisions of the MDC Act and DDA Act must be cnstrued harmoniously so as to ascertain the real purport and object behind enacting Section 345A in the DMC Act which is in padri material to Section 31A in the DDA Act. It was contended that the conversionof a residential house or building into a store, godown, whatsoever, which had n to been originally constructed for such use, would amount to erection of the building which in turn would come within the purview of provisions as contained in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r (U.P.) and Anr. . It was submitted that as for misuer of the property a penalty can be imposed, a larger power must be held to be including a smaller power. 8. Before adverting to the question involved, we may notice the relevant provisions of the MDC Act and DDA Act. Section 313 of the DMC Act provides that before utilizing, selling or otherwise dealing with any land for costruction of building thereupon, the onwer shall apply for sanction of the layout plan of the land, showing the plots into which the land is proposed tobe divided for erection of the building thereon and the purpose or purposes wehrefor such building are to be used. 9. Section 331 of the DMC Act Defines the expression to erect a building inter alia to mean:- (c) to convert into a dwelling house any building or nay part of a building not originally constructed for human habitation or, if orginally so constructed, susbequently appropriated for any other purpose; (h) to convert into a stall, shop wharehouse or godown, stable factory or garage any building not origianlly constructed for use as such or which was not so used before the change; 10. Section 334(1) of the DMC Act, therefore, must be he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Appellate Tribunal unless security, sufficient in the opinion of the said Tribunal has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal. (4) No court shall entertain any suit, application or oder proceeding for injuncti 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) Subject to an order made by the Administrator on appeal under Section 347D, every order made by the Appellate Tribunal on appeal under this section, and subject to the orders of the Administrator and the' Appellate Tribunal on appeal the order of demolition made by the Commissioner shall be final and conclusive. (6) Where no apeal 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 Commissioner under that sub-sectin has been confirmed on appeal, whether with or without variation, by the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the erection of the building or the execution of the work is not continued. (4) Where a police officer or a municipal officer or other municipal employee has been deputed under Sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under Sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. 345A. Power to seal unauthorized constructions- (1) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition under Section 343 or of the stoppage of the erection of any builidng or execution of ay work under Section 343 or under Section 344, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by ruels, for the purpoe of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erectio or work. (2) Where any erection or work or any presmises in which any erection or work is being carried on, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aration of the lay-out plan for a specific main use or activity. 15. Sub-clause (4) of Clause 8 of the Master Paln provides for control of a building/buildings for use of premises. Section 30, 31 and 31A of the DDA Act read thus:- 30. Order of demolition of building: (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in Section 12 or in contravention of any conditions subejct to whcih such permission, approval or sanction has been granted- i. in relation to a development area, any officer of the Authoirty, empowered by it in this behalf, ii. in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition of any prosecution that may instituted under the Act, make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being less than five days and more than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to, and not in derogation of, any other provision relating to demolition of building contained in any other law for the time being in force. 31. Power of stop development (1) Where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the persmission, approval or sanction referred to in Section 12 or in contravention of any condition subject to whcih such permission, approval or sanction has been granted- (i) in relation to a development area, the Authority or any officer of the Authority empowered by it in this behalf. (ii) In relation to any other area within the local limits of a local authority, the competent authority thereof, May in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. (2) Where such devlopment is not discontinued in pursuance of the order under Sub-section (1), the Authority or the officer of the Authority or the competent authority, as the cae may be, may require any police offier to remove the person by who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y or the officer to whom the direction was issued by the Lieutenant Governor under Sub-section (3), as the case may be, may depute by a written order a police officer or an officer or employee of the Authority or local authority concerned to watch the place in order to ensure that the development is not continued. (5) Any person failing to comply with an order under Sub-section (1) or, as the case may be, under Sub-section (3), shall be punishable with fine which may extend to two hundred reupees for every day during which the non-compliance continues after the service of the order. (6) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any devlopment under Section 30 or the discontinuance of the development under this section. (7) Omitted by Act 38 of 1984 w.e.f. 24-2-1987 (8) The provisions of the section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force. 31A. Power to seal unauthorised development (1) It shall be lawful for the Authority, or the competent authority, as the case may b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is human rights or the fundamental right conferred upon a person is taken away, must be specifically conferred by a statute. the existence thereof wouldn ot ordinarily be inferred. such a provision, in our opinion cannot be read into a statute by necessary implication. Even if such a power is expressly conferred upon an authority by reason of a statute, the same would not only require a strict construction but even an action there under must conform to the procedures laid down therefore. Even a slight deviation or departure from teh requirements of law before such a drastic action is taken, would render the action ultra vires. We may notice that DDA has a limited power to demolish a building or a shop, i.e. only when devlopment has commenced or is being carried out in contravention of the Matter Plan or Zonal Development Paln or without sanction, and to seal unauthorized devlopment under Section 30, 31 and 31A respectively. However, emphasis in terms of the afore-mentioned three Sections is on the devlopment, which as noticed hereinbefore does not take within its ambit any misuse of buidling. Power under Section 31A can be taken recourse to provided Section 30 and 31 are attracted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken recourse to only when there exists an order of demolition under Section 343 or on passing of an order under Sub-section (1) of Section 344. The said provisions cannot be taken recourse to in any other contingency. Such a provision, however, can be taken recourse to only if the authorities are satisfied that the conditions precedent as mentioned under Sections 343 and 344 exist. 23. We may also notice that in Section 344(1) the expression execution of any work menas and includes:- (a) to make any addition to a building; (b) to make any alteration or repairs to a building involving the removal or re-erection of any external or party wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half or such wall above the plinth level, shall half to be measured in superficial feet; etc. 24. In a case relating to misuse of the premises an order of demolition cannot be passed although penal provisions can be taken recourse to. Neither erection of a building nor execution of work would bring within their purview re-erection of building. It is, therefore, difficult for this Court to accept the proposition propounded by the respondent to the eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to their grammatical meaning, unless such construction leads to some absurdity or unless there is something in the context or in the object of the statute to suggest to the contrary. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. The courts have adhered to the principle that efforts should be made to give meaning to each and every word used by the legislature and it is not a sound principle of construction to brush aside words in a statute as being inapposite surpluses, if they can have a proper application in circumstances conceivable within the contemplation of the statute. 30. On a plain reading of the afore-mentioned provisions, it is clear that the proviso thereto cannot be extended so as to confer power of sealing of the remises upon the Commissioner in relation to misuse of the property. We are of the opinion that the submission of the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rued with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute. This would be more so if literal construction of a particular clause leads to manifestly absurd or anomalous results which could not have been intended by the Legislature. An intention to produce an unreasonable result , a said Danckwerts L.J. in Artemiou v. Procopiou (1996) 1 QB 878), is not to be impugned to a statute if there is some other construction available . Where to apply words literally would defeat the obvious intention of the legislation and produce a wholly unreasonable result we must do some violence to the words and so achieve that obvious intention and produce a rational construction, (Per Lord Reid in Luke v. I.R.C., 1963 AC 557 where at p. 577 he also observed: this is not a new problem, though our standard of drafting it such that if rarely emerges . In the light of these principles we will have to construe Sub-section (2) (b) with reference to the context and other Clauses of Section 33-B. 31. In a case of this nature a question of public interest is not involved, inasmuch as, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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