NEW DELHI: The Urban Development Department of the Government of NCT of Delhi has issued a circular clarifying that police permission is not required for carrying out building construction activities. The directive aims to address widespread misconceptions and prevent the misuse of legal provisions for rent-seeking purposes.
Building Regulations Under the DMC Act, 1957
The circular, signed by Navin Kumar Choudhary, Additional Chief Secretary (Urban Development), highlights that building construction in Delhi is regulated by the Municipal Corporation of Delhi (MCD) and other local bodies. The following provisions of the Delhi Municipal Corporation (DMC) Act, 1957, govern construction activities:
Sections 312 and 313: Finalization of layout plans by the local bodies.
Section 336: Granting sanction for building plans.
Section 346: Issuance of occupancy/completion certificates after construction.
The government has made it clear that none of these provisions require a person to obtain police permission for construction work.
Role of Police in Building Regulation
While the police have no direct role in granting construction approvals, certain sections of the DMC Act, 1957, assign them responsibilities in enforcing municipal laws:
Section 474 and 475: Allow police to provide information to MCD regarding offenses under the Act.
Section 466A: Authorizes police to conduct investigations related to municipal law violations.
However, the circular points out that there is a prevalent misconception that individuals need police permission for construction. This has reportedly led to misuse of legal provisions, with some officials using them to extract bribes or obstruct construction work.
Directive to Delhi Police
To eliminate these issues, the Delhi Government has directed the Delhi Police to sensitize field officials regarding the correct legal position. The order mandates that:
- Police should not demand permission or interfere in legal construction activities unless there is a clear violation of municipal laws.
- Officials must prevent any misuse of the existing legal provisions for financial or personal gains.
- Police should assist municipal officers in taking action against unauthorized construction when required under the DMC Act.
The circular has been forwarded to top officials for compliance.This move is expected to streamline building permissions, reduce unnecessary bureaucratic interference, and protect citizens from corruption or procedural delays in construction activities.
Public Reaction and Impact
Builders, architects, and residents have welcomed the clarification, stating that it will prevent harassment and speed up construction approvals. Urban planners and legal experts have also emphasized that misuse of law often leads to delays, which ultimately increase construction costs.
With this directive, the Delhi Government aims to ensure smoother urban development while keeping municipal enforcement transparent and accountable.
