LexN.D.M.C. & ORS. versus MIS TANVI TRADING & CREDIT PVT. LTD. & ORS.
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[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 E guidelines dated 8.2.1988 having been issued by the Central 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 ·F ...), Master Plan 2001 and Master Plan 2021, the same have 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 D provisions and the guidelines issued by Central Government 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 G appeal by· the respondents, the Leutenant Governor of 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 , H the Chairman, NDMC to consider sanctioning of the plans 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 appe
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