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Core Purpose

This notification introduces the Delhi Development Authority (Manner of Holding Inquiry and Imposing Penalties) Rules, 2026, under the Delhi Development Act, 1957.

Detailed Summary

The Ministry of Housing and Urban Affairs, on August 1, 2026, issued G.S.R. 698(E), establishing the Delhi Development Authority (Manner of Holding Inquiry and Imposing Penalties) Rules, 2026. These rules are made by the Central Government, in consultation with the Authority, under the powers conferred by clauses (jaa) and (jab) of sub-section (2) of section 56, read with sub-section (1) and (2) of section 31AA of the Delhi Development Act, 1957 (61 of 1957). The rules define key terms such as 'Act,' 'adjudicating officer,' 'appellate authority,' and 'Form.' They outline a process for filing complaints in Form 1 for contraventions under section 29 and sub-section (5) of section 31 of the Act, initiating inquiries by an adjudicating officer with a show cause notice in Form 2 (minimum seven days), and conducting hearings where the adjudicating officer is not bound by the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023). Inquiries must be completed within three months. The rules also detail the appeal process to an appellate authority in Form 4, which must be filed within thirty days of receiving an order, with the appeal to be disposed of within sixty days. Provision is made for extending specified periods for reasonable cause. All penalties realized are to be credited to the Consolidated Fund of India, and if not deposited within sixty days, they will be recovered as arrears of land revenue by the Collector via a certificate in Form 5.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-01082026-275056 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 636] NEW DELHI, SATURDAY, AUGUST 1, 2026/SHRAVAN 10, 1948 MINISTRY OF HOUSING AND URBAN AFFAIRS NOTIFICATION New Delhi, the 1st August, 2026 G.S.R. 698(E). — In exercise of the powers conferred by clauses (jaa) and (jab) of sub-section (2) of the section 56, read with sub-section (1) and (2) of the section 31AA of the Delhi Development Act, 1957 (61 of 1957), the Central Government and in consultation with the Authority hereby makes the following rules, namely:— 1. Short title and commencement. —(1) These rules may be called the Delhi Development Authority (Manner of Holding Inquiry and Imposing Penalties) Rules 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. — (1) In these rules, unless the context otherwise requires, — (a) "Act" means the Delhi Development Act, 1957 (61 of 1957); (b) "adjudicating officer" means an officer appointed under sub-section (1) of section 31AA of the Act; (c) "appellate authority" means an officer appointed under sub- section (2) of section 31AA of the Act; (d) "Form" means Form annexed to these rules. (2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. Complainant. Any person may file a complaint in Form 1 through electronic means or speed post to the adjudicating officer for imposing penalties regarding contravention committed under section 29 and sub-section (5) of section 31 of the Act. 4. Holding of inquiry. — (1) For the purpose of adjudication of penalties under sub-section (1) of section 31AA of the Act, on receipt of any complaint indicating any contravention of any provision of any section specified therein, the adjudicating officer shall, issue a notice in Form 2 to such person, requiring him to show cause within such period as may be specified in the notice (being not less than seven days from the date of service thereof) why an inquiry should not be held against him. (2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed. (3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or through a representative duly authorised by him on such date as may be fixed in the notice. (4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his authorised representative, the contravention committed by such person and the provision of the Act, in respect of which contravention is alleged to have been committed. (5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or evidence under Form 3 as he may consider relevant to the inquiry, and if necessary, the hearing may be adjourned to a future date (not later than fifteen days from the first date and up to a maximum of three dates) and in taking such evidence the adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023). (6) If any person fails, neglects or refuses to appear as required under sub-rule (3) before the adjudicating officer, the adjudicating officer may proceed with the inquiry in the absence of such person after recording the reasons for doing so. (7) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is satisfied that the person has committed the contravention, he may by order in writing, impose such penalty under the Act as applicable. (8) Every order made under sub-rule (7) shall specify the provision of the Act in respect of which contravention has been committed and shall contain the reasons for imposing the penalty. (9) Every order made under sub-rule (7) shall be dated and signed by the adjudicating officer. (10) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the person against whom the inquiry was held. (11) The adjudicating officer shall complete the proceeding within three months from the issuance of the notice to the person against whom the inquiry was held. (12) A notice or an order issued under these rules shall be served on the person against whom an inquiry is held, in any of the following manner, namely:— (i) by delivering or tendering it to that person or his authorised representative; or (ii) by sending it to the person through electronic means or by speed post to the address of his place of residence or his last known place of residence or the place where he carried on or last carried on, business or personally works or last worked for gain; or (iii) If it cannot be served in the manner specified under clauses (i) or (ii), by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided or carried on business or personally works or has worked for gain. 5. Appeal. - (1) An appeal under sub-section (2) of the section 31AA of the Act shall be made to the appellate authority in Form 4 within a period of thirty days from the date of receipt of the order. (2) The appeal shall be accompanied by a copy of order of adjudicating officer and a statement of facts appealed against, the grounds for appeal and the relevant section of the Act. (3) The appeal may be filed by the appellant in person or by his representative duly authorised in writing, or by speed post or through electronic means. (4) The appeal sent by post shall be deemed to have been filed to the appellate authority on the day it is received. (5) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be defective, the appellate authority shall intimate the appellant about the defects and allow him to rectify the defects within fifteen days and if the appellant fails to rectify such defects within the time period, the appellate authority may by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant with a period of seven days thereof. (6) On admission of the appeal, the appellate authority shall serve a copy of appeal to respondent along with a notice requiring him to file his reply thereto, within a period, not exceeding thirty days, as may be specified by the appellate authority in the said notice. (7) The notice may be served by hand or by speed post or through electronic means. (8) The appellate authority may call for the records relating to the proceedings from the adjudicating officer. (9) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such orders as it may consider reasonable. (10) The appellate authority shall dispose of the appeal within sixty days from the date of appeal. 6. Extension of time. The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such period as it considers reasonable. 7. Order and penalties. — (1) Every order under these rules, shall be dated, signed and communicated to all the parties and shall be placed in public domain through digital mode. (2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India. (3) If penalties imposed is not deposited within sixty days, then the adjudicating officer or appellate authority, as the case may be, may issue a certificate in Form 5, to the Collector who shall proceed to recover the same as an arrear of land revenue. [F. No. K-20017/12/2026-DD(V)] D. THARA, Secy. Form 1 (See rule 3) To, The Adjudicating Officer Particular of complainant:- (a) Name: (b) Address for service: (c) Contact No. (d) Email (for service): 2. Particulars of complaint:- (a) Date, time and instance of commission of alleged contravention: (b) Statement of contravention setting out all relevant material particulars: (c) Evidence in support of the statement: (d) Tentative amount of damage (in pecuniary terms) with cost break-up. I/We.................... the complainant .........................herein declare that the facts stated herein are correct to the best of my/our knowledge. 3. Name and Signature of the Complainant: Note: Strike out whichever is not applicable. Form 2 [See sub-rule (1) of rule 4] SHOW CAUSE NOTICE Sub: Contravention of (provisions/section) of the Delhi Development Act, 1957. Sir/Madam, As per intimation dated ................(copy enclosed), a contravention has been committed under section .........of the Delhi Development Act, 1957 at ................................. 2. The above contravention is liable for penalty. Therefore, you are required to show cause within a period of............. days of service of this notice, why an inquiry should not be initiated against you under section of the Delhi Development Act, 1957 for imposition of penalty. In case, no reply is received within the given period, further action shall be taken under the said Act. (Adjudicating officer) Place: ......................... Date: ......................... Form 3 Furnishing of document or evidence by or on behalf of the contravener [See sub-rule (5) of rule 4] To 1. I/we hereby give a statement in reference to the show cause notice dated 2. Complete address including postal index number/code and state along with mobile number and e-mail: 3. Signature of the contravener or his authorised representative: 4. Name of the person along with mobile number who has signed: Form 4 Appeal [See sub-rule (1) of rule 5] To Appellate Authority, 1. Particulars of appellant: Name: (ii) Address for correspondence: (iii) Contact Number: (iv) Email: 2. Grounds of appeal : (A copy of order of adjudicating officer to be enclosed) 3. Date of order of the adjudicating officer: 4. Statement of facts: I/We.................... the appellant hereby declare that the facts stated herein above are correct to the best of my/our knowledge, information and belief. 5. Signature of appellant and date: 6. Name of appellant: Form 5 [See sub-rule (3) of rule 7] (Certificate under section 31AA (6) of the Act read with Rule 7 of these Rules from Adjudicating Officer/Appellate Authority to the Collector) This is to certify that an amount of Rs. (Rupees ..............................) is due to the Delhi Development Authority from Shri/Smt./Km. in respect of for the period from to on account of penalties. In pursuance of section 31AA (6) of the Delhi Development Act, 1957 read with rule 14 of the Delhi Development Authority (Manner of Holding Inquiry and Imposing Penalties) Rules, 2026, I, Adjudicating Officer/ Appellate Authority, request you to proceed to recover the same as arrears of land revenue. (Adjudicating Officer/ Appellate Authority) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR SRIVASTAVA Date: 2026 08:01 15:06:04+0530

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