JUDGMENT By the Court.—Heard Sri R.K. Ojha, learned counsel for the petitioner and Sri B.D Pandey, learned Counsel for the respondent No. 2 as well as learned Standing Counsel. 2. By this writ petition, the petitioner has prayed for a writ of mandamus, commanding the respondents not to apply Rule 2008 (Appendix-A) in case of the petitioners and further a writ of mandamus commanding the Gorakhpur Development Authority to accept the building plans submitted by the petitioner upto 200 square meters. 3. Brief facts necessary for deciding the writ petition are that the petitioners were granted licence by the Gorakhpur Development Authority in accordance with the bye-laws framed under Section 57 of the U.P. Urban Planning and Development Act, 1973 to submit building plans upto 200 square meters and up to three storeys. The petitioners were initially granted licence as Draftsman in different years from 1988 to 2000. The date of issue of licence of each of the petitioners have been mentioned in paragraph 10 of the writ petition. All the petitioners have passed diploma in Civil Engineering. The new bye-laws have been framed by the Gorakhpur Development Authority under Section 57 of the 1973 Act in the year 2008. According to the new bylaws, the nomenclature ‘Draftsman’ have been done away in 2008 bye-laws now the supervisors are contemplated apart from architect, engineer, structural engineer and others. The minimum qualifications of the supervisor are diploma in civil engineering or architectural assistantship and they are competent to submit building plans up to 100 square meters or up to two storeys or 7.5 meters in height. The petitioners have come up now praying for a writ of mandamus that the aforesaid 2008 Bye-laws be not applied on them and they may be permitted to submit building plans up to 200 square meters and upto three storeys as they were doing earlier. 4. Sri R. K. Ojha, learned counsel for the petitioners submits that 2008 Bye-laws, which have been now framed under Section 57 of the 1973 Act should be applied on the supervisors who have now been granted licences under the new bye-laws. Learned counsel for the petitioners submits that the petitioners have acquired right to submit building plans up to 200 square meters and up to three storeys as per earlier bye-laws. 5. We have considered the submissions of learned Counsel for the petitioners and have perused the record. 6. Learned counsel for the petitioners submits that the petitioners have acquired right to submit building plans up to 200 square meters and up to three storeys as per earlier bye-laws. 5. We have considered the submissions of learned Counsel for the petitioners and have perused the record. 6. Section 57 of the U.P. Urban Planning and Development Act, 1973 which is relevant for the present case, provides as follows: “ 57. Power to make bye-laws.- The Authority may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made thereunder for carrying out the purposes in this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may 10 provide for— (d) the grant of licences to architects, town planning engineers, surveyors, draftsmen for the preparation of building plans or water supply, drainage and sewerage plans and the fees to be paid for the grant of such licence;” 7. The bye-laws which were earlier in force have been filed as Annexure-1 to the writ petition. With regard to draftsman bye-laws B-5 provides as follows: “B-5 Draftsman. B-5.1. Qualification.— The Qualification for licensing of Draftsman will be : (i) There were diploma in architectural assistantship or architectural draftsmanship with two years experience in each case. (ii) Diploma in Civil Engineering with two years experience or (iii) Draftsman in Civil Engineering from I.T.I, with the five years experience under Architect/Engineer from recognised institution which would enable him for the post of senior Draftsman recognised by Uttar Pradesh Public Service. B-5.2. Competence.—The draftsman will be entitled to submit- 1. All plans and related information for building permit on plots on 200 sq. m. and three storeys.” 8. According to the earlier bye-laws, copy of which has been filed as Annexure-1 to the writ petition, the petitioners were competent to submit building plans upto 200 square meters and upto three storeys, which conditions have also been mentioned in the registration certificate of the petitioners as draftsman granted by the Chief Town Planner Development Authority Gorakhpur. The petitioners themselves have brought on record the 2008 bye-laws which have now been framed under Section 57 of the 1973 Act by the competent authority. The nomenclature draftsman has been done away in the 2008 bye-laws and the word ‘supervisor’ has been provided for. The petitioners themselves have brought on record the 2008 bye-laws which have now been framed under Section 57 of the 1973 Act by the competent authority. The nomenclature draftsman has been done away in the 2008 bye-laws and the word ‘supervisor’ has been provided for. Bye-laws A-1.1, A-2.4 and A-2.4.1 of the bye-laws namely; Guidelines For The Qualifications And Competence Of Professionals, being relevant for the present case are quoted below: A-1.1 Every building/development work for which permission is sought under the code shall be planned, designed and supervised by registered professionals. The registered professionals for carrying out the various activities shall be: a) architect, (b) engineer, (c) structural engineer, (d) supervisor, (e) town planner, (f) landscape architect, (g) urban designer, and (h) utility service engineer. Requirements of registration for various professionals by the Authority or by the body governing such profession and constituted under a statute, as applicable to practice within the local body’s jurisdiction, are given in A-2.1 to A-2.5. The competence of such registered personnel to carry out various activities is also indicated in competence of such registered personnel to carry out various activities is also indicated in A-2.1.1 to A-2.5.1. A-2.4 Supervisor The minimum qualifications for a supervisor shall be diploma in civil engineering or architectural assistantship, or the qualification in architecture or engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted service by the Government of India plus 5 years experience in building design, construction and supervision. A-2.4.1 B Competence The registered supervisor shall be competent to carryout the work related to the building permit as given below. (a) All plans and related information connected with building permit for residential buildings on plot upto 100 m and up to two storeys or 7.5 m in height; and (b) issuing certificate of supervision for buildings as per (a). “ 9. A perusal of the registration certificates granted to the petitioners indicate that the registration certificates were being renewed from time to time. There is nothing on record to indicate that the petitioners’ registration certificates have been renewed after enforcement of 2008 bye-laws. According to 2008 bye-laws, the supervisor is competent only to submit building plan upto 100 square meters and upto two storeys only. The petitioners have passed only diploma in Civil Engineering and neither it is claimed nor pleaded in the writ petition that they have been registered as architects or engineers. According to 2008 bye-laws, the supervisor is competent only to submit building plan upto 100 square meters and upto two storeys only. The petitioners have passed only diploma in Civil Engineering and neither it is claimed nor pleaded in the writ petition that they have been registered as architects or engineers. The word ‘Draftsman’ being done away with in the 2008 bye-laws and substituted by supervisor, the petitioners could at best be registered as supervisor and are competent to do the works as permitted under the 2008 Bye-laws. The submission of learned counsel for the petitioners that bye-laws 2008 cannot be applied on them does not merit acceptance. The licences earlier granted to the petitioners were in accordance with the bye-laws then existing. Section 57(d) of 1973 Act provides that the bye-laws can be framed by the authority with previous approval of the State Government providing for grant of licences to architects, town planning engineers, surveyors, draftsman for the preparation of building plans or water supply, drainage etc. The rule making power enables the development authority to make bye-laws on the subject. The Bye-laws which have been framed in 2008 now holds the field and merely because the petitioners were granted licence of draftsman earlier they cannot claim that they are entitled to work and submit plan up to 200 square meters even after enforcement of new bye-laws, where draftsman has been done away with. 10. Section 14 of the U.P. General Clauses Act, 1904 provides that where, by any Act, any power is conferred then that power may be exercised from time to time as occasion requires. The power under Section 57 to frame bye-laws can be exercised from time to time as occasion requires. The word ‘statutory instrument’ has been defined under Section 4 (42-B) which is quoted as below: “’statutory instrument’ shall mean any notification, order, scheme, rule, or bye-law issued under any enactment and having the force of law;” 11. A bye-law framed under Section 57 is an statutory instrument within the meaning of U.P. General Clauses Act 1904. According to Section 21 where by any U.P. Act, a power to issue statutory instrument is conferred, then that power includes a power to add, amend, vary or rescind any statutory instrument so issued. Section 21 of the General Clauses Act is quoted as below: “21. According to Section 21 where by any U.P. Act, a power to issue statutory instrument is conferred, then that power includes a power to add, amend, vary or rescind any statutory instrument so issued. Section 21 of the General Clauses Act is quoted as below: “21. Power to make to include power to add to, amend, vary or rescind, orders, rules or bye-laws.—Where, by any Uttar Pradesh Act, a power to issue statutory instrument is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add, amend, vary, or rescind any statutory instrument so issued.” 12. Thus according to Section 21 of the U.P. General Clauses Act, 1904 the Gorakhpur Development Authority is fully competent to amend earlier bye-laws framed under Section 57 and when the bye-laws have been amended and are in force, the licence of a person has to be in consonance with the bye-laws which are in force. In 2008 bye-laws supervisors are only entitled to submit plans upto 100 square meters and up to two storeys only. The petitioners who were earlier registered as Draftsman cannot claim that they are still entitled to submit building plans upto 200 square meters and upto three storeys. The grant of licence according to bye-laws framed under Section 57 is subject to rights given in bye-law and when bye-law has been amended rights of engineers, draftsman, surveyors etc. have to be conform to the bye-laws in force. Copy of the licences has been filed as Annexure-2 to the writ petition, which clearly indicate that none of the registration granted as draftsman have been renewed after enforcement of 2008 bye-laws. Thus, the rights of the petitioners to work as draftsman and submit plan upto 200 square meters and up to three storeys came to an end particularly when the renewal of the licences were not granted after enforcement of new bye-laws. We see no merits in the submission of the learned counsel for the petitioners that bye-laws 2008 cannot apply on them. The relief claimed in the writ petition cannot be granted. The writ petition is dismissed. ————