@JUDGMENTTAG-ORDER
1. The petitioners, who appear in person, have drawn our attention to Chapter-XVI (Building Regulations) of the Delhi Municipal Corporation Act, 1957. The said Chapter deals with all kinds of building regulations and contains Sections 330A to 349A. Section 330A reads as under:-
"330A. General superintendence, etc., of the Government - Notwithstanding anything contained in any other provision of this Act, the Commissioner shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Government."
2. On going through the above provision, it is clear that the Commissioner (in respect of each of the Municipal Corporations of Delhi) is to exercise his powers and discharge his functions under the Chapter, under the general superintendence, direction and control of the Government. The word �Government� has been defined under Section 2(21A) to mean the �Government of National Capital Territory of Delhi�. Earlier, the word �Government� was not there and in its place the words �Central Government� was there in the said Section 330A. With effect from 13.01.2012 the words �Central Government� has been replaced by the word �Government�. Section 349A empowers the Government (Government of NCT of Delhi) to make bye-laws for carrying out the provisions of Chapter XVI. Sub-section (5) of Section 349A clearly stipulates that the Government of NCT of Delhi may issue such directions to the Commissioner as it thinks fit, for ensuring proper implementation of the bye-laws made under Section 349A.
3. From the above provisions, it is abundantly clear that the primary responsibility with regard to implementation of the building regulations contained in Chapter XVI lies with the Commissioner of each of the Municipal Corporations of Delhi. It is also clear that they function, for the purposes of Chapter XVI, under the general superintendence of the Government of NCT of Delhi.
4. In these circumstances, the action plan for making the buildings in Delhi compliant with the National Building Code 2005 for Seismic Zone-IV, should be prepared by the Commissioners of the respective Municipal Corporations of Delhi. Mr. Arorra and Ms Parashar, the learned counsel appearing for all the Municipal Corporations of Delhi, submit that an action plan has already been prepared, but that was submitted to the Central Government. They state that the action plan shall now be submitted to the Secretary, Urban Development, Government of NCT of Delhi within two weeks. The Government of NCT of Delhi shall examine the said action plan and finalise the same for implementation within the parameters of the Chapter-XVI of the said Act and issue appropriate bye-laws for implementation by the three Municipal Corporations of Delhi. The same shall be done within four weeks thereafter.
5. The New Delhi Municipal Council and the Delhi Development Authority shall also file status reports with regard to making the structures, falling within their jurisdiction, compliant with the requirements of Seismic Zone-IV.
6. The Municipal Corporations of Delhi, the Delhi Development Authority and the New Delhi Municipal Council shall ensure that in future no buildings are constructed within their respective jurisdictions which do not comply with the requirements of Seismic Zone-IV as per the National Building Code 2005.
7. Renotify on 30.03.2016.
8. The respondents shall ensure that their counter-affidavits are on record.
9. Dasti under the signature of the Court Master.
