Declaration of development areas and development of land in those and other areas
Section 12 of the Delhi Development Act, 1957 deals with declaration of development areas and development of land in those and other areas. As soon as may be after the commencement of this Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act: Provided that no such declaration shall be made unless a proposal for such declaration has been The Act came into force on 30 Dec 1957.
1[(1) As soon as may be after the commencement of this Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act:
Provided that no such declaration shall be made unless a proposal for such declaration has been referred by the Central Government to the Authority and the Municipal Corporation of Delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the Central Government may allow and the period so specified or allowed has expired.]
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(3) After the commencement of this Act no development of land shall be undertaken or carried out in any area by any person or body (including a department of Government) unless,--
(i) where that area is a development area, permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act;
(ii) where that area is an area other than a development area, approval of, or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made, in accordance with the provisions of the regulations relating to the grant of permission for development made under the Delhi (Control of Building Operations) Act, 1955 (53 of 1955), and in force immediately before the commencement of this Act:
Provided that the local authority concerned may 2[subject to the provisions of section 53A] amend those regulations in their application to such area.
(4) After the coming into operation of any of the plans in any area no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.
(5) Notwithstanding anything contained in sub-sections (3) and (4) development of any land begun by any department of Government or any local authority before the commencement of this Act may be completed by that department or local authority without compliance with the requirements of those sub-sections.
Section 12, The Delhi Development Act, 1957 (Act 61 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 9
- s. 2 Definitions
- s. 9 Submission of plans to the Central Government for approval
- s. 13 Application for permission
- s. 22A Power of Authority to develop land in non-development area
- s. 28 Powers of entry
- s. 29 Penalties
- s. 30 Order of demolition of building
- s. 31 Power to stop development
- s. 34A Certain offences to be cognizable
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bijwasan Gram Vikas Samiti v. Union of India & Ors.
Court's Decision & Legal Precedent
Delhi HC Pradeep Nandrajog J, Final Order order-1.pdf (DATE VERIFIED 2004-11-24). Challenge to 24.10.1994 development-area notification for village Bijwasan. Court analysed s.12 declaration of development areas / development of land and Master Plan/Development Code interaction; suspended operation of the notification until Central Government decided pending minutes; MCD Act/Master Plan to continue applying as before the notification.
On this section: Applied s.12 development-area declaration framework to rural Bijwasan lands lacking a development scheme.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The Central Government could acquire any property under the Act and develop it after obtaining the approval of the local authority." (emphasis added) 31. It is significant to notice that Section 12 of the Delhi Development Act, 1957 provided for declaration of any area as development area by the Central Government and it further provided that except as otherwise provided by the said Act, the Delhi Development Authority shall not undertake or carry out any development of land in any area which is not a …
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… There was a contention about the de-notification of Development Area 176, including the lands in question, included in the notification dated 1 st June, 2010 issued under Section 12 of the Delhi Development Act ("DD Act"). The Court is not called upon to examine this contention in these petitions for the simple reason that the main relief sought is a declaration that no notification under Section 6 of the LAA can be issued hereafter. The Court finds that the said relief cannot be granted in any …
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… There was a contention about the de-notification of Development Area 176, including the lands in question, included in the notification dated 1 st June, 2010 issued under Section 12 of the Delhi Development Act ("DD Act"). The Court is not called upon to examine this contention in these petitions for the simple reason that the main relief sought is a declaration that no notification under Section 6 of the LAA can be issued hereafter. The Court finds that the said relief cannot be granted in any …
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 12
What have the courts held on Section 12 of the Delhi Development Act?
Bijwasan Gram Vikas Samiti v. Union of India & Ors. (24 Nov 2004) is the leading judgment on this section among those set out below: Applied s.12 development-area declaration framework to rural Bijwasan lands lacking a development scheme.
How do I find court cases under Section 12 of the Delhi Development Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Delhi Development Act 1957 12, section 12 Delhi Development Act 1957, section 12 of the Delhi Development Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bijwasan Gram Vikas Samiti v. Union of India & Ors. (24 Nov 2004).
What should I read with Section 12 of the Delhi Development Act, and has it changed?
Its own text turns on section 53A (Restriction on power of a local authority to make rules, regulations or bye-laws in respect of certain matters), so none of them can safely be read on its own. 9 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently Delhi Development Authority (Removal of Objectionable Developments) Rules, 1975 (1975), then Delhi Development Authority (Procedure to Stop Development) Rules, 1974 (1974).
When did Section 12 of the Delhi Development Act come into force?
Section 12 of the Delhi Development Act, cited as Delhi Development Act 1957 12, came into force on 30 Dec 1957, having been enacted on 27 Dec 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 31. Power to stop development778 words
- 3. The Delhi Development Authority632 words
- 56. Power to make rules617 words
- 30. Order of demolition of building596 words
- 43. Service of notices, etc557 words
- 60. Repeal, etc., and savings462 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.