The Delhi Restriction of Uses of Land Act, 1941

(1) This Act may be called the DelhiRestriction of Uses of Land Act, 1941. (2) It extends to the 1[Union territory of Delhi.] (3) It shall come into force on such date2as the Central Government may, by notificationin the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject orcontext,-- (1) "agriculture" includes horticulture and the planting and upkeep of orchards ; (2) "building" has the same meaning as in clause (2) of section 3 of the PunjabMunicipal Act, 1911( Punj. Act III of 1911); (3) "Chief Commissioner" means the Chief Commissioner of Delhi; (4) "Deputy Commissioner" means the Deputy Commissioner of Delhi and includesany authority, not being an officer employed by the Delhi Improvement Trust, appointedby the Chief Commissioner, by notification in the Official Gazette, to perform all or anyof the functions of the Deputy Commissioner under this Act ; (5) "place of worship" includes an imambara, dargah, karbala or takya; (6) "prescribed" means prescribed by rules made under this Act; (7) "road" means a metalled road maintained by the Central Government or by a localauthority; and (8) the expression "to erect or re-erect" in relation to any building has the samemeaning as in clause (5) of section 3 of the Punjab Municipal Act, 1911(Punj. Act III of 1911).

(1) The Chief Commissioner may, with the previoussanction of the Central Government, by notification in the Official Gazette, declare any landadjacent to and within a distance of four hundred and forty yards from the centre line of anyroad to be a controlled area for the purposes of this Act. (2) Not less than three months before making a declaration under sub-section (1) theChief Commissioner shall cause to be published in the Official Gazette and in at least twonewspapers printed in a language other than English a notification stating that he proposes,with the previous sanction of the Central Government, to make such a declaration andspecifying therein the boundaries of the land in respect of which the declaration is proposedto be made, and copies of every such notification or of the substance thereof shall bepublished by the Deputy Commissioner in such manner as he thinks fit at his office and inevery revenue estate of which any part is included within the said boundaries. (3) Any person interested in any land included within the said boundaries may, at anytime before the expiration of thirty days from the last date on which a copy of suchnotification is published by the Deputy Commissioner, object to the making of the declarationor to the inclusion of his land or any part of it within the said boundaries. (4) Every objection under sub-section (3) shall be made to the Deputy Commissioner inwriting, and the Deputy Commissioner shall give to every person so objecting an opportunityof being heard either in person or by pleader, and shall after all such objections have beenheard and after such further enquiry, if any, as he thinks necessary, forward to the ChiefCommissioner the record of the proceedings held by him together with a report setting forthhis recommendations on the objections. (5) If before the expiration of the time allowed by sub-section (3) for the filing ofobjections no objection has been made, the Chief Commissioner may proceed at once to themaking of a declaration under sub-section (1). If any such objections have been made, the Chief Commissioner shall consider the record and the report referred to in sub-section (4) andshall hear any parties applying to be heard and may either-- (a) abandon the proposal to make a declaration under sub-section (1), or (b) make such a declaration in respect of either the whole or a part or parts of the landincluded within the boundaries specified in the notification under sub-section (2). (6) For the purposes of sub-section (3) a person shall be deemed to be interested in land ifhe is "person interested" as defined in clause (b) of section 3 of the Land AcquisitionAct, 1894 (1 of 1894), for the purposes of that Act or, where the land is land occupied by orfor the purposes of a mosque, imambara, dargah, karbala, takya or Muslim graveyard, if heis a Muslim. (7) A declaration made under sub-section (1) shall, unless and until it is withdrawn, beconclusive evidence of the fact that the area to which it relates is a controlled area.

(1) The DeputyCommissioner shall deposit at his office and at the office of the Municipal Committee,New Delhi, and at such other places as he considers necessary, plans showing all landsdeclared to be controlled areas for the purposes of this Act, and setting forth the nature of therestrictions applicable to the land in any such controlled area. (2) The plans so deposited shall be available for inspection by the public free of charge atall reasonable times.

No person shall erect or reerect any building, or make or extend any excavation, or lay out any means of access to aroad in a controlled area except with the previous permission of the Deputy Commissioner inwriting.