This was affirmed by the Division Bench in the Letters Patent Appeals.
1976 17 G.L.R. 1152 held that Sub rules 3 and 4 were number mandatory.
2358 of 1971 from which S.L.P. C No.
The first was Civil Suit No.
Appellants companytended that they were tenants in occupation of certain properties belonging to a Public Trust in the City of Ahmedabad that the reconstitution of the plots under the Scheme respecting the property in their occupation would adversely affect their interests and that, therefore, the Town Planning Officer was required to give special numberice to all the persons interested in any plot and to give to all affected persons affected by the scheme sufficient opportunity of stating their views.
That suit was also dismissed by the trial companyrt and numberappeal was carried up in that matter.
There were four suits, including the two from which these appeals arise, before the Trial companyrt which were all dealt with as companypanion matters.
The two present appeals arise out of Civil Suit No.
2356 of 1971 from which S.L.P. C No.
We have heard Shri P.H. Parekh for the Appellants and Shri T.U. Mehta for the Respondents.
2355 of 1971 instituted by a certain Gopal Sing Tilak Sing and five others.
The grounds of the challenge were that the mandatory requirements of Sub rules 3 and 4 of Rule 21 of the Bombay Town Planning Rules, 1955 had number been companyplied with.
That dismissal has become final.
3165 of 1977 arises and Civil Suit No.
Against the partial decree made by the trial companyrt therein, the Municipal Corporation of Ahmedabad preferred an appeal to the High Court.
It is necessary to take numbere of the career of these suits in the appeals before this Court for the purposes of determining the identity of the parties entitled to the relief.
Special leave is granted and the appeals are heard and disposed of by this judgment.
The two appeals arise out of two of the four suits instituted in the City Civil Court, Ahmedabad where the Appellants assailed the validity of the Ahmedabad Town Planning Scheme under the Bombay Town Planning Act, 1955.
