Sanction of prosecution
Section 49 of the Delhi Development Act, 1957 deals with sanction of prosecution. ] No prosecution for any offence punishable under this Act [other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction of the Authority or as the case may be, the local authority concerned or any officer authorised by the Authority or such local autho The Act came into force on 30 Dec 1957.
1[(1)] No prosecution for any offence punishable under this Act 2[other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction of the Authority or as the case may be, the local authority concerned or any officer authorised by the Authority or such local authority in this behalf.
2[(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of section 31 and punishable under sub-section (5) of that section shall be instituted except with the previous sanction of the 3[Lieutenant Governor] or any officer authorised by him in this behalf.]
Section 49, 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 1
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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D.d.a. vs K.p.trading Co.
Court's Decision & Legal Precedent
A subsequent prosecution for a continuing offence under Section 14 read with Section 29(2) of the Delhi Development Act is contingent upon a conviction in the first offence. The statutory language 'after conviction for the first commission of the offence' in Section 29(2) establishes this as a prerequisite. Additionally, a sanction order for prosecution must contain reference to earlier cases and demonstrate application of mind; a sanction passed in a mechanical manner without such reference is invalid. In appeals against acquittal, the principles of double presumption of innocence and benefit of doubt ordinarily operate in favour of the accused, and the trial court's acquittal should not be lightly interfered with.
On this section: Sanction requirement for prosecution; court found sanction in this case was passed mechanically without reference to earlier case and without proper application of mind
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.
Questions about Section 49
What have the courts held on Section 49 of the Delhi Development Act?
D.d.a. vs K.p.trading Co. (30 Jan 2025) is the leading judgment on this section among those set out below: Sanction requirement for prosecution; court found sanction in this case was passed mechanically without reference to earlier case and without proper application of mind.
How do I find court cases under Section 49 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 49, section 49 Delhi Development Act 1957, section 49 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 D.d.a. vs K.p.trading Co. (30 Jan 2025).
What should I read with Section 49 of the Delhi Development Act, and has it changed?
Its own text turns on section 31 (Power to stop development), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 49 of the Delhi Development Act come into force?
Section 49 of the Delhi Development Act, cited as Delhi Development Act 1957 49, 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 16 Oct 2026. This page is not a substitute for legal advice.