Lal-Dora - in The High Court of Delhi at New Delhi

12.4.
11 IN THE HIGH COURT OF DELHI AT NE…
IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT: FIRE SAFETY MEASURES
C.M.No. 6904/2004 in WP(C) No.2710/1998
Date of decision : August , 2004
Dr B. L .WADHERA ... Petitioner

Through None
VERSUS
GOVT OF NCT OF DELHI & ORS ...

Respondents Through Mr. Rajeev Nayyar,Sr.Advocate
with Ms. Manali Singhal for the applicant in CM No.6906/04.
Mr.Vinay Sabharwal for MCD Mr.V.K. Shali for Govt of NCT of
Delhi. Ms.Shobhana Takkiar for DDA.
B.C. PATEL, C.J.
1. BSES Rajdhani Power Limited, engaged in the business of distribution of electricity

in south and west distribution circles of National Capital Territory of Delhi (hereinafter
referred to as "NCTD") , has approached this Court for clarification of the order made
by the Division Bench of this Court in the case of Dr.B.L. Wadhera vs. Government of
National Capital Territory of Delhi and Others, being WP(C) No. 2710/1998 decided on
29.5.2003.
2. By the judgment dated 29.5.2003 we issued directions in para 63 of the judgment

which are as under:-
"63. In the result after having considered all the pros and cons of this matter and
having heard the learned advocates in detail on various occasions, we intend to dispose
of this petition by making the following directions.
1 In all high rise buildings in Delhi and New Delhi, fire safety measures are to
be provided keeping in mind provisions made in the bye laws and specific provision for
fire protection in the bye laws. And as per these requirements, there must be fire safety
delhidistrictcourts.nic.in/aug/2710.htm 1/30
12.4.11 IN THE HIGH COURT OF DELHI AT NE…
measures in such high rise buildings, as contemplated in the bye laws and National
Building Code of India, 1970.
2 In high rise buildings wherein fire safety measures are required to be

provided under the bye laws, National Building Code as well as any other provision
which are applicable, the builders, developers, organizers, contractors, architects and
engineers, society, Association of persons etc erecting buildings shall provide fire safety
measure as per bye laws and without such measures, the respondent authorities shall
not grant occupancy certificate.
3 So far as the existing but unoccupied buildings and buildings under

construction are concerned, the respondent authorities acting under bye laws are
directed not to grant occupancy certificate unless and until sufficient fire protection
system is installed, is made operational and is certified by the Fire Officer concerned to
the effect that as per by laws and as per his satisfaction fire safety measures are
provided.
4 When adequate and sufficient fire safety measures are provided and made
operational, authorities granting permission under building bye laws shall strictly enforce,
the provisions relating to fire safety system while granting occupation certificate.
5 It is further directed that henceforth the respondent authorities shall not

supply essential services to any new high rise building unless and until the building is
erected in accordance with law and bye laws. All electricity supply companies ( BSES
Rajdhani Power Ltd, BSES Yamuna power Ltd, Delhi Power Co Ltd and North Delhi
Power Ltd. ) are directed in this behalf. If the builder/developer/organizer, etc, is found
indulging in malpractice in giving power connection meant for construction purpose and
thereby permits illegal occupation such connection shall be disconnected forthwith and
immediate action shall be taken against such builder/developer/organizer etc.
6 That the Fire Officer shall carry out periodical as well as surprise checking to
satisfy himself that the fire safety measure provided in the high rise buildings are
provided or not. If the same are provided, such visits shall be made to find out whether
the same are in working/operational condition or if the builders/developers/
owners/occupiers have made a show of providing fire safety measure, then it will be the
duty of the Fire officer to call upon such occupier/developer/ owner/builder to set right
the system and on failure to do so within a reasonable time, the Fire Officer shall take
steps to get the essential supplies to such building , such as water, and electricity, etc.
disconnected and seal the building as provided in Safety Act.
7 By a public notice, Municipal Commissioner/ Chairman NDMC shall inform

the public at large who are occupying high rise buildings to provide fire safety
measures within a period of four weeks from the date of publication. According to us,
though four weeks time is long, we are giving four weeks time to all the occupiers to see
that the occupancy will be allowed and permitted only if fire safety measures are
provided in the buildings. If the fire safety measures are not provided within a period
of four weeks as stated above, then the respondent authorities shall disconnect essential
supplies such as water and drainage and seal the building. One must bear in mind that
public notice was given earlier.
8 It is further directed that the Commissioner/ Chairman of MCD/NDMC shall

write to electricity supply companies in this behalf and electricity supply company shall
also disconnect electric supply if within the said period fire safety measures are not
provided. It will be for electric supply companies to remain in touch with the
commissioner /Chairman and vice versa.
9 It is further directed that henceforth the respondents shall provide essential
services only after recording satisfaction that the erection of building is strictly in
accordance with the plan. Electricity companies are also directed not to supply
electricity unless Forms C and D duly signed by the competent authority are obtained
and produced before the Electricity companies.
10 The Government is directed to install fire safety measures in all Government

high rise buildings within four weeks from today. The respondents shall initiate
disciplinary proceedings against its employees, servants, officers as some of the
buildings are occupied despite the fact that fire safety measure are not provided in
accordance with the provisions in this regard.
11 The respondents shall place before the Court material indicating as to how
many high rise buildings are erected after approval of the plans by the competent
authority and how many buildings were provided with fire safety measures as required
under the bye laws before the occupancy and what action is taken against occupiers in
connection with the buildings, which are erected contrary to any byelaws or are
occupied without fire safety measures. Such report be filed within three months from
today. The respondents shall initiate action against erring officers and shall submit report
within a period of three months.
12 Despite this order, if any building is connected with essential supplies the
Commissioner MCD /Chairman NDMC, as the case may be, himself shall be held
responsible and will be answerable to the court.
13At present we are dealing with the fire safety measures in high rise buildings. We are
not endorsing the view that the erection of a building is in accordance with the bye-laws.
Only with a view to see that since large number of people are occupying buildings
erected by a builder/ contractor/ owner/association of persons/ societies/architect/
engineer, etc. we are passing this order for the safety of the occupiers of the building. It
should not, therefore be understood that merely because the fire safety measures are
provided the erection of building is in accordance with the bye-laws. That aspect of the
matter is not dealt at all.
14 It is directed that NDMC/DJB/PWD shall put all the static water tanks in
working conditions within a period of three months and shall file a report about the
action taken in this behalf.
15 The DDA considering the importance of fire safety shall take decision within
four months for allotment of plots for fire stations. Chief Fire officer as well as local
authorities, namely, DMC/NDMC shall point out the appropriate sites within a period of
one month to the DDA.
16. Respondents and the Commissioner of Police are directed to clear

encroachments on pavements, on roads and public streets within a period of four
months for easy movements of fire engines and ambulance vans.
17. It is further directed that MCD/NDMC/ Traffic Police as also the Police
Deptt shall not allow any encroachment on roads, public streets and
footpath/pavements and for that purpose NDMC and MCD as well as the
Commissioner of Police shall demarcate the area of jurisdiction of a particular officer
and it will be the responsibility of that particular officer to see that there is no
encroachment on pavement, public street and on roads. NDMC/MCD/ Commissioner
of Police shall complete this exercise and shall place before the Court report indicating
the names/ designations of the officers who are to be in charge of respective areas. It
will be the responsibility of these officers, in case it is found that there is encroachment
on public roads or pavements."
3. The applicant has prayed that the order made by the Division bench on
29.5.2003 should not apply to Lal Dora and extended Lal Dora areas where there is no
requirement for obtaining completion certificate/fire safety certificate before occupying
the building and to permit the applicant company to provide electricity to high rise
buildings in Lal Dora and extended Lal Dora areas. It is also prayed that during the
pendency of this application the company be permitted to give provisional connection
to high rise buildings in Lal Dora and extended Lal Dora areas.
4. The said directions were given after considering the matter in detail for the
purpose of protection of the public at large and in consonance with the provisions
contained in Delhi Development Act, 1957 (hereinafter referred to as "DD Act"), Delhi
Municipal Corporation Act, 1957 (hereinafter referred to as DMC Act), Delhi Building
Byelaws 1983 (hereinafter referred to as byelaws or regulations), and the provisions
contained in New Delhi Municipal Council Act (hereinafter referred to as the NDMC
Act) as also the provisions contained in the Delhi Fire Prevention and Fire Safety Act,
1986 (hereinafter referred to as the Safety Act) and the rules made thereunder, which are
known as Delhi Fire Prevention and Fire Safety Rules, 1987.
5. It is contended by the applicant that the company is a licencee and is
licensed to supply electricity in the area of supply. According to the applicant the Court
has directed the applicant company not to supply electricity unless Form C and D (now
completion certificate) duly signed by the competent authority is issued and produced
before the applicant company. As contended in the application there are many high rise
buildings erected in the Lal Dora and extended Lal Dora areas of Delhi and such owners
or occupiers of such buildings have been approaching for supply of electricity, but the
prospective consumers i.e. occupiers or owners are unable to produce any fire
clearance by the fire department and the completion certificate from the concerned
development agency, and the applicant company is not in a position to supply
electricity. As averred in the application, it has been brought to the notice of the
company that they are unable to produce fire clearance certificate as the fire department
is not required to see that the fire safety clearance is given to such buildings in such
areas known as Lal Dora and extended Lal Dora. It is also alleged that Municipal
Corporation of Delhi (for short MCD)/New Delhi Municipal Council (for short NDMC)
and Delhi Development Authority (for short DDA) are permitting occupation of high rise
buildings without sanction of building plans or fire clearance or completion certificate.
It is alleged that the aforesaid authorities are permitting erection of high rise buildings in
these areas and are collecting various municipal and other taxes. However, these
authorities are not bothering for byelaws or the provisions made under the Acts,
consequently, the applicant company is not in a position to supply electricity.
6. The applicant company is apprehending that the prospective consumers may

either engage in theft of electricity or in installation of generators of large size which are
major fire and environment hazards. It is also stated that many of the high rise buildings
in these areas are already occupied. It is pointed out that in view of Section 43 of the
Electricity Act,2003 (hereinafter referred to as the Electricity Act), the applicant is
required to supply electricity. It is submitted that under the law it is obliged to supply.
The local authorities, namely, MCD, NDMC and DDA have been permitting the erection
of high rise buildings in these areas. It is submitted that if the order is not modified, then
people occupying the high rise buildings, in these areas, namely, Lal Dora and extended
Lal Dora areas will use generators and will engage in theft of electricity and at the same
time the public exchequer as well as the company will suffer.
7. We have heard the counsel appearing for the respondents authorities at

length.
8. In order to resolve the issue raised, the first & foremost question that needs
determination is the applicability/non-applicability of certain provisions of the DMC Act
to the Lal Dora and extended Lal Dora areas of Delhi. So far as Lal Dora/extended Lal
Dora (hereinafter referred to as the rural areas) are concerned, it is required to be noted
that initially these areas were occupied by agriculturists , who were engaged in
agricultural activities near about the areas known as Lal Dora. It was decided by the
Government that for certain specified construction activities, in these rural areas,
sanction of building plans from MCD may not be necessary and the Notification of 24th
August, 1963 was issued. We shall deal with the scope of this notification in detail at
the appropriate stage. However, we emphasize here itself that it was not the intention of
the Government, by exempting these areas from certain provisions, to allow the building
activities contrary to the provisions contained in the building byelaws or to allow the
construction of buildings for commercial purpose. On behalf of the DDA it was
submitted, as also on behalf of MCD, that only a building, residential in character, and
not going beyond two and a half storeys and owned by the original resident/his
descendant is to be permitted. Any other building in rural areas requires prior approval
and sanction of building plan from the Municipal Corporation of Delhi as per the
provisions of Master Plan of Delhi, 2001 and the zonal plan and the building byelaws.
9. In Chapter 7 of Building byelaws there is a specific reference to policy for

sanction of building plans in city area, villages (covered under notification No. RN-
2/173 dated 24th August 1963 only in "Lal dora". Any construction outside the "Lal
dora" shall be subject to approval/sanction of the concerned Authority). What is
permissible in villages is as under:-
1. Building Plans in villages normally be considered only for the plots which
form part of old abadi area in case the following conditions have been fulfilled:
(i) The land use in residential and the construction shall confine maximum to 2-
1/2 storey with maximum permissible coverage FAR and height as per bye-laws.
(ii)It has been certified by the Revenue Department that plot form part of old built up
abadi area.
(iii)That the plot was in existence as an independent plot prior to the formation of the
Corporation.
2. The building cases of such plots which cannot be readily verified as part of
the old abadi area of the village would be considered only on merits in each case with
the additional following documents to be furnished by the applicant:
(i) A certificate from the Delhi Administration that the land is not under
notification for acquisition.
3. In cases of proposals of minor additions and alterations on the plots "which

are located " outside the old abadi area but within the erstwhile Notified Area
Committees of Mehrauli, Najafgarh and Narela would also be considered on merits.
4. For all dead end road or cludosaos upto 500' in length the R.O.W. will be
15' and for all other roads dead end lines above 500' the R.O.W. will be kept 30', except
in villages where redevelopment plans have been received.
5. Development charges will be recovered as decided by the competent

authority from time to time."
Thus what is permissible and who can get the benefit is specifically stated in
the byelaws.
10. That apart we have to examine the provisions contained in DMC Act.
Chapter XVI of DMC Act refers to building regulations. It was submitted that in Lal
Dora areas or rural areas certain sections contained in DMC Act do not apply such as
Sections 332, 333, 334, 335, 336, 342 and 347. Our attention was drawn to a
notification issued by the Municipal Corporation of Delhi dated 24.8.1963 in exercise of
the powers conferred under Section 507 of the DMC Act. For the sake of
convenience we reproduce the notification hereunder:-
"MUNICIPAL CORPORATION OF DELHI
DELHI - the 24th August, 1963.
No. 2 1/1731: In exercise of the power conferred by sub clause (b) (i) of Clause 3
of Sec.507 of the Municipal Corporation Act, 1957 (66 of 1957), the Municipal
Corporation of Delhi has with the previous approval of the Central Government
exempted the rural areas from the provisions of the said Act mentioned in Column 2 of
the Schedule given below in the extent given in Column 4 of the said Schedule.
The said exemption shall be deemed to have come into effect from the 19th day of the
Nov. 1959.
SCHEDULE
S. No. Sections Brief Description Extent

------------------------------------------------------------------------------------
1. 332,333,334, Building Only such portions of the
335,336,342 Regulations Rural areas as lie within the
and 347. village abadies as defined
in revenue
records provided
that
the exemption shall not
apply
to Factories, Ware-
houses, Cold Storages &
Slaughter Houses.
11. On the basis of the decision delivered by a Division Bench of this Court in
the case of Municipal Corporation of Delhi vs. Dalmia Dairy Industries Ltd and Another
32 (1987) DLT 390 it was submitted that there is exemption from the provisions
contained in Chapter XVI of the DMC Act. It was submitted that the notification issued
under Section 507 of the DMC Act would apply to the extended village abadi.
12. On behalf of MCD it was contended before the court that the notification
only applies to village abadi as defined in the revenue records which were in existence at
the time when the notification dated 24.8.1963 was gazetted and it does not apply to the
extended village abadis. However, the Division bench held that there cannot be
restricted meaning as suggested and it would apply to extended village abadis as well. If
the notification is applicable, then as per the Division Bench judgment that may be the
position. It is also required to be noted that the Full Bench of this Court had an
occasion to consider a somewhat similar situation in the case of Municipal Corporation
of Delhi vs. Dalmia Industries Private Limited 2002 (96) DLT 441. In the judgment the
Court has pointed out that "The dispute went upto the Supreme Court and was decided
in favour of respondent lending finality to the issue that the disputed land fell within the
extended village Abadi (Firni) rendering it eligible for exemption from Building
Regulations in terms of notification dated 24.8.1963." So far as public street and other
provisions are concerned, and particularly Sections 312 and 313 the Court pointed out
in para 7 of the judgment as under:-
"7. It is not in dispute that the above-mentioned village has been declared to be
within village 'Abadi' under the provisions of East Punjab Holdings (Consolidation and
Prevention of Fragmentation) Act, 1948 read with Delhi Land Reforms Act. Sections
332 to 336 relate to building plans. Sections 312 and 313, as noticed hereinbefore, relate
to public streets. The said Act applies to the entire national territory of Delhi comprising
the town as also the village areas. Only in relation to the rural areas, a notification under
Section 507 can be issued. The very fact that by reason of aforementioned notification
dated 24th August, 1963, only certain provisions of the said Act which specifically have
been enacted for a different purpose namely, public street cannot be said to have been
excluded. Public streets are required to be laid down for general public whereas the
provisions relating to building plans are regulatory in nature. It would, therefore, not be
correct to contend that Sections 312 and 313 would not be applicable in cases where the
land is said to be divided into various and individual plots. Having regard to the
provisions of the said Act, we are not in a position to accept the contention raised on
behalf of the respondents herein that the land in question having been exempted from
Sections 332 to 336, Sections 312 and 313 would become inapplicable."
13. This Court held that Sections 312 and 313 had not been excluded and
would apply. We are required here to consider subsequent notifications. The
notifications have been issued in exercise of powers conferred under Section 507(1)(b)
of DMC Act and with the prior approval of the Central Government. The localities
mentioned in the schedule forming part of the rural areas are no more rural areas and in
view of these notifications the areas having been declared as urban areas, it cannot be
said that the areas continued to be Lal Dora or extended Abadi area. We reproduce the
notifications which have been issued from 1963 and onwards:-
DELHI ADMINISTRATION
(MUNICIPAL CORPORATION OF DELHI)
NOTIFICATIONS
Delhi, the 23rd May,1963.

No.RNZ/526 :- In exercise of the powers conferred by clause (a) of Section 507 of the
Delhi Municipal Corporation Act, 1957 (66 of 1957) the Corporation with the previous
approval of the Central Government, hereby declares that the following localities
mentioned in the schedule given below below, hitherto forming part of the rural areas,
shall cease to be rural areas:-
SCHEDULE
----------------------------------------------------------------------
S. Name of Name of revenue Particulars of the area
No. the Zone estate proposed to be
Urbanised.
----------------------------------------------------------------------
1. Shahdara Zone Khureji Khas The entire remaining area
of the said revenue
estate
which has not so far
been
urbanized.
2. Civil Line Zone Sadhora Khurd -do-
3. -do- Sadhora Kalan -do-
4. -do- Chaukri Mubarakabad -do-
5. -do- Nemri -do-
6. -do- Dhaka -do-
7. -do- Salimpur Majora -
Madipur.
8. -do- Azadpur -do-
9. -do- Shakur Pur -do-
10. West Zone Madipur -do-

11. -do- Khiala -do-
12. -do- Keshopur -do-
13. -do- Basaidarapur -do-
14. -do- Najafgarh -do-
15. -do- Masudabad -do-
16. -do- Haibatpur -do-
17. South Zone Mehrauli -do-

18. -do- Lado Sarai -do-
19. -do- Khirki -do-
Sd/-
Commissioner
"Notification No. F-9(2)66-Law Corp. Delhi the 28th May,1966
In exercise of the powers conferred by clause (a) of Section 507 of the Delhi
Municipal Corporation, 1957 (66 of 1957) the Corporation, with the previous approval
of the Central Government, hereby declares that the following localities mentioned in the
Schedule below, hitherto forming part of the rural areas, shall cease to be rural areas:
SCHEDULE
-----------------------------------------------------------------------------
S.No. Name of Name of revenue Particulars of the area
Zone estate proposed to be
urbanised.
1 2 3 4
West Delhi
1. Khampur Raya The entire remaining
area of the said
revenue estate
which
has not so far
been
urbanised.
2. Shadipur -do-
3. Naraina -do-
4. Tatarpur -do-
5. Chaukhandi -do-
6. Tehar -do -
7. Nangal Raya -do-
8. Asalatpur -do-
9. Possadgipur -do-
10. Naglijaleb -do-
11. Budhela -do-
II. South Delhi

1. Kilokri The entire remaining
area of the said
revenue estate which
has not so far been
urbanised.
2. Bahlepur -do-
Bhaddar
3. Kotla Mubarakpur -do-
4. Tamur Nagar -do-
(Revenue Estate of
Kilokri)
5. Khizrabad -do-
6. Sarai Juliana -do-
(Revenue Estate
Bahapur)
7. Masihagarh -do-
(Revenue Estate
Bahapur)
8. Joga Bai -do-
9. Okhla -do-
10. Garhi Jharia Meria -do-
11. Zamrudpur -do-
12. Masjid Moth -do-
13. Shahpur Jat -do-
14. Humayunpur -do-
15. Hauz Khas -do-
16. Yusuf Sarai -do-
17. Mohammadpur -do-
18. Munirka (In Revenue -do-
Estate of Modhpur)
19. Jasela -do-
20. Madanpur Khadar -do-
21. Tekchand -do-
22. Sheikh Sarai -do-
23. Begampur -do-
24. Serai Shahji -do-
25. Hauz Rani -do-
26. Adchini -do-
27. Kalu Sarai -do-
28. Ber Sarai -do-
29. Chirag Delhi -do-
30. Katwaria Sarai -do-
31. Basant Nagar -do-
32. Madangir -do-
33. Badarpur -do-
34. Harinagar Ashram (In -do-
Revenue Estate of
Kilokri)
35. Kharara -do-
36. Arakpur Bagh Mochi -do-
(Nazul)
37. Kishangarh (In Revenue -do-
Estate of Mehrauli)
38. Khanpur (Part) -do-
39. Tuglakabad -do
III.North Delhi
1. Dhirpur -do-
2. Malikpur -do-
3. Rajpur Chhawani -do-
4. Bharola -do-
5. Peepal Thala -do-
6. Rampura (Revenue -do-
Estate of Shakurpur)
7. Wazirpur -do-
IV Shahdara Side
1. Kaitwara -do-
2. Ghonda -
do-
3. Mauzpur -do-
4. Khureji Khas -do-
5. Karkar Duma The entire area
except the village abadi
which has already been
declared vide Notifica-
tion No. F/9/5/59 R&S
dated 28.12.1959.
6. Seelampur -do-
7. Shahdara The entire remaining
area of said revenue
estate which has not
so far been urbanised.
8. Gondi -do-
9. Mandavli Fazalpur -do-
10. Ghazipur -do-
11. Kachhimpur -do-
12. Hasanpur -do-
13. Shakarpur Khas -do-
14. Saholi -do-
Notification No. TCO/82/47 Delhi, the 23rd April 1982 -- In exercise of the powers
conferred by clause (a) of Section 507 of the Delhi Municipal Corporation Act, 1957 (66
of 1957), the Corporation with the previous approval of the Central Government hereby
declares that areas mentioned in column 3 of the Schedule below and falling in the
revenue estate/zone as detailed therein hitherto forming part of the rural areas, shall cease
to be rural areas:
SCHEDULE
I. West Delhi (1) Garhi Peeran The old abadi as well as the (2) Nangloi Syed
entire revenue estate of the
(3) Maksoodpur said village declared as
urban.
II.South Delhi (1) Sarai Kalekhan -do-
(2) Nangloi Razapur -do-
(3) Jai Sarai -do-
(4) Mehipal Pur -do-
(5) Lado Sarai -do-
III.North Zone (1) Naharpur -do-

(2) Badli -do-
(3) Rithala -do-
(4) Wazirabad -do-
(5) Samepur -do-
(6) Mangolpur Kalan The entire remaining
areas of the said
revenue estate.
IV.Shahdara
Zone (1) Usmanpur The old abadi as well as the
(2)Mandoli Kachi entire revenue estate of the
(3) Ghonda Neemka said village declared as
(4) Kotla urban.
V. Rural Zone (1) Haiderpur -do-

(2) Sahipur -do-

(3) Mangolpur Khurd -do-
(4) Shalimar Bagh -do-
(5) Jwala Heri The entire remaining areas
(6) Peetampura of the said revenue estate
which have not so far
been urbanised."
MUNICIPAL CORPORATION OF DELHI

NOTIFICATION
Delhi, the 24th October,1994
No.F.33/Engg.TP(DP)/11424/94.-In exercise of the powers conferred by clause (a) of

Section 507 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), the Corporation
with the previous approval of the Government hereby declares that areas mentioned in
column 3 of the Schedule below and falling in the revenue estate/zone as detailed therein
hitherto forming part of the rural areas, shall cease to be rural areas:-
SCHEDULE
----------------------------------------------------------------------
Name of Name of revenue Particulars of the area
the Zone estate proposed to be
Urbanised.
----------------------------------------------------------------------
Najafgarh 1. Palam The old abadi as well
2. Mirzapur as the entire revenue
3. Dabri estate of the said
4. Nasirpur villages declared as
5. Sagarpur urban.
6.Bagdola
7.Sahupura
8.Matiala
9.Bindapur
10.Kakrola
11.Loharhari
12.Toganpur
13.Amberhai
14.Shahbad Mohammadpur
15.Bharthal
16.Nawada
17.Pochanpur
18.Bemnoli
19.Dhulsiras
20.Bijwasan
Sd/-
Commissioner
14. It is in view of sub-clause (b) of clause 1 of Section 507 of DMC Act

exemption was granted from certain provisions of this Act, which were indicated in the
notification of 1963. However, in view of sub clause (a) of clause (1) of Section 507 of
the Act, when areas have been included in and form part of the urban areas, the
Notification of 1963 shall cease to operate and the exemption so granted will
automatically come to an end from the date of the notification. It is in view of this all the
provisions contained in Chapter XVI of DMC Act will be applicable and it is futile to
say that Sections 332, 333, 334, 335, 336, 342 and 347 of DMC Act are not applicable
in these areas. Therefore, it is very clear that in view of the aforesaid position one has to
follow the procedure for erection of the building as indicated under the Act. The
Division Bench judgment in Dalmia Dairy (supra) would apply to only those Lal Dora
areas covered by 1963 notification and which are not covered by subsequent
notifications.
FIRE SAFETY
15. The provisions contained in the Delhi Fire Prevention and Fire Safety Act,
1986 (for short Fire Safety Act) and the Rules made thereunder known as the Delhi Fire
Prevention and Fire Safety Rules, 1987 (for short referred to as the Safety Rules) are
applicable to the whole of the Union Territory of Delhi. It is a duty of the nominated
authority under the Fire Safety Act to carry out the provisions contained in the said Act.
An officer not below the rank of a station officer and nominated by the Chief Officer as
well as the Chief Fire Officer appointed under the said Act are required to carry out their
obligations under the Act not only for the prevention of fire but for the safety of the
people at large. Under Section 3 of the Fire Safety Act it is the duty of the nominated
authority to inspect the premises or building having minimum height of 15 meters (rule 4
of the Fire Safety Rule provides this height) and to ascertain the adequacy or
contravention of fire prevention and fire safety measures. As the Act is made applicable
to the whole Union Territory of Delhi wherever in the territory such building is erected it
becomes the duty of the nominated authority to inspect the building for the purpose of
satisfaction that adequate fire safety is provided in order to ensure safety of life and
property. Even the construction of a building which was completed on or before 6th
June, 1983 or which was under construction on such date, it was the duty of the
nominated authority notwithstanding anything contained in any other law for the time
being in force to inspect the premises or building for ascertaining the adequacy or fire
prevention and fire safety measures in such building. It is for the occupier or owner of
such premises or building to provide the fire safety measures as required. Thus reading
these provisions it is very clear that owner/occupier of any building having 15 meters
height erected within the territorial limits of Union Territory of Delhi must provide fire
safety measures. Irrespective of the applicability of the provisions contained in the
NDMC Act or DMC Act or DDA Act or exemption granted under the notification one
must provide fire safety measures if the building is of 15 meters height.
16. It is incorrect to say that this Act is not applicable as under a notification in
past exemption was granted in certain areas from the operation of certain provisions of
the MCD Act. It may be noted that by subsequent notifications the areas have been
covered under different notifications converting areas into urban areas. Consequently
exemptions are no more available from the date of such notification.
17. In view of what is stated hereinabove, it is the duty of the Chief Fire Officer
or nominated authority to inspect the building and if there is any contravention with
regard to the norms or there is deviation or the fire safety measures are inadequate with
reference to the height of the building and nature of activities carried out in such
buildings Chief Fire Officer or the nominated authority must call upon the owner or
occupier to rectify and see that adequate safety measures are provided in accordance
with the Act and Rules.
18. National Building Code of India endeavours to avoid requirements which

might involve unreasonable hardships or unnecessary inconvenience or interference with
normal use and occupancy of buildings, but insists upon compliance with minimum
standards for fire safety necessary in public interest. It may be noted that first version
on this subject was prepared by 1970 and subsequently revised in 1983. As a result of
implementation, some suggestions emerged which have been incorporated in the
Amendment no.3 to National Building Code of India 1983 to the extent possible. The
buildings are divided in various categories such as residential, educational, institutional,
assembly, business, mercantile, industrial, storage and hazardous and again under each
head there are sub divisions. Educational buildings, institutional buildings (hospitals and
Sanatoria, custodial institutions and penal and mental institutions), assembly buildings,
business buildings, mercantile buildings and residential buildings which are indicated
therein are required to provide fire safety as indicated therein. In this matter, the court
is required to examine the requirement of fire fighting installations and not the type of
construction material to be used.. The manner in which the high rise building should be
constructed or the facilities to be provided for the safety of people at large are indicated
which forms the part of building bye laws which are applicable in the Union Territory of
Delhi and therefore we need not refer here specifically.
19. Table 20 indicates minimum requirements for fire fighting installations in

business buildings which may be less than 15 meter in height or 15 meter and above but
not exceeding 30 meter or above 30 meter in height and up to 40 meter or above 40
meter in height. It also indicates minimum requirement for mercantile buildings having
different heights. As indicated above the local authorities are aware that in a mercantile
building or a business building there are large number of visitors and the provisions are
made for safety of the people and property and therefore it is the duty of the
government as well as local authorities to see that fire safety measures as indicated in the
National Building Code are provided. Chief Fire Officer should not be under an
impression that he is required to inspect the buildings having 15 meter height and which
are situated only in urban areas and not in rural areas.
20. Building Byelaws 1983 are made applicable to building activities under the
jurisdiction of Delhi Development Authority. The said building byelaws are applicable
under the jurisdiction of Delhi Municipal Corporation as also New Delhi Municipal
Committee and thus it is a unified code applicable to entire Union Territory. Wherever
there is a jurisdiction of DDA, the authority will be DDA or wherever the authority
having jurisdiction is Delhi Municipal Corporation, the rules or the bye laws are to be
read in that context. Similarly if the area is under the jurisdiction of New Delhi Municipal
Committee the byelaws are to be read as applicable to the NDMC.
21. As noted the DD Act is applicable to the entire territory of Delhi. The Master
Plan for Delhi drawn under the Act has become an Act itself in view of the provisions
contained in the Delhi Development Act. There is a Development Code in the Master
Plan. Clause (1) of the Development Code specifically states that the Development
Code covers the entire Union Territory of Delhi. Clause (2) is the definition clause.
Various zones are indicated in clause (4). The general notes to clause (8) which refers
to control for plots/buildings within used premises makes it clear that the premises for
which the building regulations have not been given shall be exempt by the authority on
the basis of actual requirement and other relevant factor including FAR. Therefore, it
goes without saying that when there is provision for orchards, nursery, forest, dairy
farms, etc, Development Code will apply which is made under the Development Act
and in view of this it is futile to say that no building permission from
DDA/MCD/NDMC is required either under the building regulation or building bye laws.
22. Regulation 3 indicates that in addition to the provision of DD Act, the

building byelaws shall apply to the building regulation activity in the Union Territory of
Delhi under the jurisdiction of the DDA as given in clauses 3.2 to 3.6. Thus where a
building is erected, the byelaw applies to the design and construction of the building.
Even where a whole or any part of the building is removed, the byelaws shall apply to all
parts of the building whether removed or not. Similar is the situation with demolished
building as also with altered building. Rule 5.1 prohibits erection of a building without
permission. It reads as under:
"No person shall erect, re-erect or make alterations or demolish any building or cause
the same to be done without first obtaining a separate building permit for each such
building from the authority."
23. Byelaws 6.2.4.1 refers to building plans for multistoried/special buildings.

Bye law 17 refers to fire protection requirement. Byelaw 17.1 reads as under:-
"Buildings shall be planned, designed and constructed to ensure fire safety

and this shall be done in accordance with part 4 Fire Protection of National Building
Code of India, unless otherwise specified in these byelaws. In the case of buildings
"identified in byelaws no. 6.2.4.1", the building schemes shall also be cleared by Chief
Fire Officer, Delhi Fire Service."
Reading this byelaw it becomes very clear that all the buildings which are required to
provide fire safety measures in accordance with National Building Code of India 1983
must provide fire safety measures in view of this rule. However, if it is a high rise
building then the scheme of that building before erection must be cleared by the Chief
Fire Officer, Delhi Fire Service irrespective of the fact that the area is under jurisdiction
of DDA or MCD or NDMC.
DEVELOPMENT LAWS
24. For the purpose of development legislature enacted the law on the subject
known as Delhi Development Act, 1957 which extends to the whole of the National
Capital Territory of Delhi. Sub-clauses (b), (c) and (d) of Section 2 being relevant are
reproduced hereunder:-
(a) xxxxxxx
(b)"building" includes any structure or erection or part of a structure or erection which
is intended to be used for residential, industrial, commercial or other purposes, whether
in actual use or not;
(c)"building operations" includes rebuilding operations, structural alterations of or
additions to buildings and other operations normally undertaken in connection with the
construction of buildings;
(d)"development" with its grammatical variations means the carrying out of building,
engineering, mining or other operations in, on, over or under land or the making of any
material change in any building or land and includes redevelopment;
(e) to (k) xxxxxx
25. Under the DD Act for the purpose of development, the Central Government
may, by a notification in the official gazette, declare any area in Delhi to be a
development area for the purposes of this Act. Section 12 being relevant is reproduced
hereunder:
12 Declaration of development areas and development of land in those and other areas.
(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 authorized in this behalf, in accordance
with 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 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.
Reading the aforesaid provision it is clear that when the area is a development area the
permission for such development has to be obtained in writing from the authority.
However, if the area is other than a development area even then approval of or sanction
for such development is required to be obtained in writing from the local authority
concerned etc. The Act is applicable to the whole of the NCT of Delhi and DDA has
drawn master plan and zonal development plans. If there is no zonal development plans
even then in view of sub-section (3) of Section 12 permission is required. Development
area is defined under sub-clause (1) of Section 2 means an area declared to be a
development area under sub-section (1) of Section 12. Therefore, if area is not declared
as development area under sub-section (1) of Section 12, the area is other than
development area. So far as development area is concerned permission for erection of a
building is required. Reading bye law 3 it is very clear that it is in addition to the
provision of DMC Act, 1957 and the building bye laws shall apply to the
Development/erection & building activity in Union Territory of Delhi under the
jurisdiction of MCD. Reading the building bye laws it is clear that under 1963
notification, which we have referred earlier, what was exempted was certain sections of
building regulations i.e. requirement of a sanction as indicated in Section 332 or making
an application for sanction as contemplated in Section 333 or submitting an application
for additions or to repair or applicability of Sections 335, 336 or 342 or 347. However,
in view of notification of 1963 it could not be urged that building is not to be erected in
consonance with the building regulations but one can erect building as per his whims.
One must know that the building is to be erected as per building regulations or
byelaws. Building bye laws are applicable to the entire territory of Delhi and therefore
when the erection must be according to building bye laws and if the area is not declared
as a development area then the permission from DDA is a must as well as MCD is a
must.
26. Section 13 of the DD Act contemplates application for permission. What
would be the consequence of erection of a building in area other than development area
is provided in Section 30 of DD Act. Section 30 refers to development commenced or
is being carried on or has been completed in contravention of the master plan or zonal
development plan but in the latter part it refers to development in such a manner
indicated hereinabove without the permission, approval or sanction referred to in
Section 12 or in contravention of any conditions subject to which permission, approval
or sanction has been granted. Then in such a case if it is in relation to a development
area any officer of the authority empowered by it in this behalf or in relation to any other
area within the local limits of local authority the competent authority thereof is entitled to
not only prosecute the person for such development but is also entitled for removal of
such development by way of demolition. Sub-section (1A) of Section 30 also refers to
development in area other than a development area and the manner in which order of
removal is to be made. Section 31 refers to the power to stop development commenced
in any area in contravention of the plan either master or zonal development or without
permission, approval or sanction as referred to in Section 12. Then in such a situation if
the development is in contravention in relation to a development area, the authority or
any officer of the authority empowered by it in this behalf and in relation to any other
then development area within local limits of a local authority, the competent authority
thereof may in addition to prosecution may make an order to discontinue the
development. Thus reading the provisions it is very clear that the area if it is declared as
a development area then the authority under DD Act will be the authority taking action if
the development is contrary to the provisions of DD Act or building regulations and in
case of development carried out in the area other than development area, a local
authority can initiate action in this behalf. It is clear therefore that in either case building
is required to be erected as per the building bye laws and if there is any contravention of
building bye laws action is required to be taken either by the development authority or
the local authority. In view of this it is not correct to say that lal dora or abadi areas are
exempted from the operation of all the laws and bye laws.
27. Section 30A refers to power to seal unauthorized development. Combined

reading of all these sections it is very clear that for any development permission is
required either of DDA or MCD or NDMC or Cantonment Board. Under the
provisions contained in Section 53 of the DD Act permission is required for
development in respect of any land. Section 53 being relevant is reproduced hereunder: -
53. Effect of other laws
(1). Nothing in this Act shall affect the operation of the Slum Areas ( Improvement and
Clearance ) Act, 1956.
(2) Save as otherwise provided in sub-section (4) of Section 30 or sub-section (8) of

Section 31 or sub-section (1) of this section, the provisions of this Act and the rules and
regulations made thereunder shall have effect notwithstanding anything inconsistent
therewith contained in any other law.
(3) Notwithstanding anything contained in any such other law -
(a) when permission for development in respect of any land has been obtained under
this Act such development shall not be deemed to be unlawfully undertaken or carried
out by reasons only of the fact that permission, approval or sanction required under
such other law for such development has not been obtained.
(b) when permission for such development has not been obtained under this Act such
development shall not be deemed to be lawfully undertaken or carried out by reason
only of the fact that permission, approval or sanction required under such other law for
such development has been obtained."
28. Reading sub-section (3) it is very clear that notwithstanding anything

contained in any other law permission must be taken for development under the DD Act.
Permission must be granted under the DD Act by the authority concerned. Reading the
building bye laws 1983 it is clear that building bye laws are made applicable to MCD,
DDA as well as NDMC areas. Even under the Punjab Municipal Act, 1911 Sections
188, 189 and 190 refer to the Building Byelaws, Prohibition of Building without sanction
and power of the committee to make bye laws regarding erection or re-erection of
buildings.
29. At this juncture it would also be relevant to note that under Section 481 of
DMC Act regulations are required to be made. Under head note F of Section 481 bye
laws have been made for improvement. Reading of all the clauses together it is clear that
building bye laws are made under these provisions and therefore buildings which are to
be erected within the area of Union Territory of Delhi under the jurisdiction of MCD
cannot be erected without the building meeting with the requirements of building bye
laws.
30. It is required to be noted that under section 349A of the DMC Act, 1957 a
specific provision is made. In view of Section 349A of the DMC Act bye laws made by
Corporation under paragraph F of sub-section (1) of Section 481 are deemed to have
been made under the provisions contained in Section 349A of the Act and shall continue
to have the same force and effect after the commencement until it is amended, varied,
rescinded or suspended under the provisions of this Section. Thus with effect from
1.10.1993 Section 349A has come into force and the original paragraph of Section F of
sub-section (1) of Section 481 thus even continue to apply. Reading provisions of bye
laws and sub-section (2) of Section 349A it is clear that the building bye laws are made
applicable under this section. Paragraph K of sub-section (2) of section 481 relates to
improvements. This is also required to be borne in mind along with this. Section 349A
of the Act is applicable in the entire territorial limits of area wherever DMC Act is
applicable. Neither the operation of Section 481 nor Section 349A can be said to have
been not applicable in view of the notification issued in the 1963 in exercise of the
powers conferred by sub-clause (i) of clause (b) of Section 507 of the DMC Act.
Building regulations made under this provision are applicable and one cannot say that
the building can be erected in breach of these regulations or bye laws. It is submitted
before us that originally in abadi or extended abadi areas the lands were used for
purposes of agriculture and the lands have been divided into sub plots and the
construction is being carried out on such lands. No doubt the lands were used for the
purpose of agricultural operations. Oral submission was made that there is no provision
for fire engine to pass through the street as the streets are very small or narrow. We
would only like to say that the land has been disposed of for the construction of
buildings thereon, then one is required to lay down and make a street or streets giving
access to the plots into which the land may be divided and connected with an existing
public or private street. It is for this purpose one has to submit a lay out plan under
Section 313 of the DMC Act and only after such application being submitted and being
sanctioned the land can be utilized for the purpose of construction. Under sub-section
(1) of Section 313 application is to be made in this behalf. The same is required to be
placed before the Standing Committee, which may be justified in refusing if the lay out
plan would be in conflict with any arrangement which have been made or which are in
the opinion of the Standing Committee likely to be made for carrying out any general
scheme of development of Delhi whether contained in the master plan or a zonal
development plan or not. Over and above the lay out plan must be in conformity with
the provisions of the DMC Act and the bye laws made therein. It is required to be
noted that this provision is made with an intention to provide for communication and
access to plots or sub plots which might have been carved out of a chunk of a land.
When such is the situation of reserving any site for street, open space etc. in a lay out
plan is normal for a public purpose as it is inherent in such reservation that it shall be
used by the public in general and not by an individual. It would be difficult for the
owner to dispute that he holds the land for the benefit of the society or public in
general. It would be his obligation in the nature of trust, it is necessary that when the
land is divided in various plots to provide certain amenities the amenities are required to
be provided for the interest of general public. Looking to the present situation it would
be the obligation of such land owner dividing his plots in various sub plots to provide
streets in such a way that it does not cause any hindrance in way of Fire Engine/Fire
brigade/Ambulance to enter easily in case of need. These aspects are required to be
kept in mind by the corporation. It is for this purpose when a private land is divided in
sub plots street is required to be provided for the benefit of the public for their safety.
This provision is certainly not exempted. It was the duty of the corporation in such a
situation to take action in the matter if there is no proper provision for streets in such
cases.
31. It is also required to be borne in mind that provisions contained in Section

346 are made applicable even in lal dora or abadi areas. The notification has not
exempted the rural areas from the provision of Section 346 of the DMC Act and
therefore even in these areas completion certificate will be required by any one whoever
is erecting a building. Intentions of the legislature is very clear that the person may erect
a building according to bye laws and he must get a completion certificate before
occupying a building. May be that looking to the area in those days which were used
for the purpose of agricultural operations the State Government granted exemption from
certain provisions only and not all and in view of this wherever building is erected in the
area under jurisdiction of DMC Act one is bound to apply to the Commissioner under
Section 346 of the Act before occupying a building. Section 346 contemplates that
every person who employs a licensed architect or engineer or a person approved by the
Commissioner to design or erect a building or execute any work shall within one month
after the completion of the erection of the building or execution of the work give a notice
in writing of such completion accompanied by a certificate in the prescribed bye laws
made in this behalf. Reading this provision there is no escape from saying that the
completion certificate is required.
32. Section 343 refers to order of demolition and stoppage of building and
works. Though there is a reference to Section 336, the provision which is exempted in
lal dora areas, however that Section points out the erection of building or execution of
any work has been commenced or is being commenced or has been completed in
contravention of any of the provisions of the DMC Act or bye laws made thereunder,
the Commissioner may, in addition to any other action that may be taken under this
Act, make an order directing that such erection or work shall be demolished. If one is
required to take a sanction as referred to in Section 336 then he was not required to
obtain such a sanction as the rural areas were exempted once upon a time from the
operation of Section 336 of the Act. But after subsequent notifications converting rural
areas into urban areas, permission is a must even under Section 336 of DMC Act. It
cannot be said that the provisions of Section 343 also would not apply. In the opinion
of the court if the erection of building is in contravention of any of the provisions of
DMC Act or the Rules or bye laws made therein action can be taken. Therefore, in the
opinion of the court if the erection of a building is contrary to the bye laws then
irrespective of sanction, action can be taken for demolition.
33. Reading all these provisions together it appears that development can be
carried out only with approval or sanction of authority concerned and the erection of a
building must be as per the building bye laws as also according to National Building
Code of India and if there is any violation it is always open for the competent authority
to take action and in view of this it is directed that the Chief Fire Officer shall take
immediate action in the matter and shall see that fire safety measures are provided in high
rise buildings or business buildings or mercantile buildings in accordance with building
bye laws and the provisions contained in National Building Code of India and if there is
any contravention, shall take action as indicated in the provisions contained in the Fire
Safety Act forthwith. He shall also carry out directions issued in the main petition which
we have incorporated in the earlier part of our judgment.
34. We may clarify that we have not dealt with the permissible use of the land in
accordance with the zone as per development plan or master plan as prescribed in the
Delhi Development Act. It may not be understood that this decision will permit erection
of the buildings in contravention of the regulations made for different zones such as
residential, commercial, industrial, agricultural etc.
35. The application is disposed of with the aforesaid directions.
August ,2004 A.K. SIKRI, J

CHIEF JUSTICE

Lal-Dora - in The High Court of Delhi at New Delhi

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12.4.

11 IN THE HIGH COURT OF DELHI AT NE…

IN THE HIGH COURT OF DELHI AT NEW DELHI

Dr B. L .WADHERA ... Petitioner

GOVT OF NCT OF DELHI & ORS ...

B.C. PATEL, C.J.

1. BSES Rajdhani Power Limited, engaged in the business of distribution of electricity

2. By the judgment dated 29.5.2003 we issued directions in para 63 of the judgment

2 In high rise buildings wherein fire safety measures are required to be

3 So far as the existing but unoccupied buildings and buildings under

5 It is further directed that henceforth the respondent authorities shall not

7 By a public notice, Municipal Commissioner/ Chairman NDMC shall inform

8 It is further directed that the Commissioner/ Chairman of MCD/NDMC shall

10 The Government is directed to install fire safety measures in all Government

16. Respondents and the Commissioner of Police are directed to clear

6. The applicant company is apprehending that the prospective consumers may

7. We have heard the counsel appearing for the respondents authorities at

9. In Chapter 7 of Building byelaws there is a specific reference to policy for

3. In cases of proposals of minor additions and alterations on the plots "which

5. Development charges will be recovered as decided by the competent

S. No. Sections Brief Description Extent

houses, Cold Storages &

Delhi, the 23rd May,1963.

10. West Zone Madipur -do-

17. South Zone Mehrauli -do-

"Notification No. F-9(2)66-Law Corp. Delhi the 28th May,1966

II. South Delhi

III.North Zone (1) Naharpur -do-

V. Rural Zone (1) Haiderpur -do-

(2) Sahipur -do-

MUNICIPAL CORPORATION OF DELHI

Delhi, the 24th October,1994

No.F.33/Engg.TP(DP)/11424/94.-In exercise of the powers conferred by clause (a) of

14. It is in view of sub-clause (b) of clause 1 of Section 507 of DMC Act

18. National Building Code of India endeavours to avoid requirements which

19. Table 20 indicates minimum requirements for fire fighting installations in

22. Regulation 3 indicates that in addition to the provision of DD Act, the

23. Byelaws 6.2.4.1 refers to building plans for multistoried/special buildings.

"Buildings shall be planned, designed and constructed to ensure fire safety

27. Section 30A refers to power to seal unauthorized development. Combined

(2) Save as otherwise provided in sub-section (4) of Section 30 or sub-section (8) of

(3) Notwithstanding anything contained in any such other law -

28. Reading sub-section (3) it is very clear that notwithstanding anything

31. It is also required to be borne in mind that provisions contained in Section

35. The application is disposed of with the aforesaid directions.

August ,2004 A.K. SIKRI, J

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