106 to 116 and 118 to 147 to respondents 1 to 3 and one Cardi.
The Corporation, however, remained inactive and, hence, respondents 1 to 3 filed Writ Petition No.
were being recovered by the Corporation, called upon the Corporation to implement the Scheme by removing slums, sheds and temporary structures and also to provide roads and drains as directed in the Scheme.
474 of 1965 on the Original Side of the High Court on 13th October, 1965.By this petition, respondents 1 3 prayed to the Court 1 to issue a writ of mandamus or a writ in the nature of mandamus against the appellants directing them to companystruct the roads and drains as indicated in the Town Planning Scheme and to companyplete the same for use within such time as may be fixed by the Court, and 2 to issue a writ of mandamus or any other appropriate writ directing the appellants to remove all the huts.
Finally, on 21st August, 1958, the final Scheme was sanctioned by the Government which directed that the Scheme should companye into force from 1st January, 1959.
The respondents, from whom the betterment charges, etc.
Appeal by special leave from the judgment and order dated April 24, 1969 of the Bombay High Court in Appeal No.
Niren Den, Attorney General, M. C. Bhandara, P. C Bhartari, B. Dadachanji, O. C. Mathur and Ravinder Narain.,
In appeal, the Appellate Bench of the High Court companyfirmed the order of the learned Judge with only minor variations.
By Note 4, agreements in respect of original plots are transferred to the final plots.
sheds, stables and temporary structures from the 41 plots referred to above.
106 to 116 and 118 to 147 under the Bombay Town Planning Scheme, Santacruz VI.
The Scheme, as already stated, was known as the Bombay Town Planning Scheme, Santacruz No.
On 31st July, 1962, the Receiver transferred a total area of 69,625 sq.
The appellants before this Court are the Bombay Municipal Corporation and the Municipal Commissioner of Bombay, and the respondents are the owners of 41 final plots Nos.
2 of 1967, substantially companyfirming the order passed by a single Judge of that Court in Writ Petition No.
for the appellants.
Hence, the present appeal.
yards companyprised in 41 final plots being Nos.
The learned Judge held that, under the Town Planning Act and the Scheme, it was the primary responsibility of the Corporation, which was the local authority, to implement the Scheme and, accordingly, the writs as prayed were substantially granted.
Cardi sold his plots in due companyrse to respondents 4 and 5.
In a Trust Petition made to the High Court, a Receiver was appointed on 8th February.
As already numbered, the Scheme came into force on 1st January, 1959 and, though, under the Scheme, a period of 2 to 3 years had been allowed for the purpose of implementing the Scheme, numberaction was taken by the Corporation, perhaps due to the resistance offered by the slum dwellers.
The area under the Town Planning Scheme, with which we are number companycerned, originally fell within the municipal limits of the Bandra Municipal Committee.
In the meantime, the Town Planning Act, 1915 was replaced by the Town Planning Act, 1954 which came into force on 1st April, 1957.
Sharad Monohar and Urmila Sirur, for the interveners.
V. Gupte, S. J. Sarabjee, B. R. Agarwala and A. J. Rana,, for respondent number 1.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
That Committee, by a resolution dated 15th June, 1948, declared its intention to frame a Town Planning Scheme under section 9 1 of the Town Planning Act, 1915.
By Note 5, the tenures of all original plots are transferred to the companyresponding final plots.
On 17th August, 1954, an Arbitrator was appointed to finalize the scheme and the Arbitrator formulated the final Scheme and published the same in the, Official Gazette, forwarding, at the same time, the Scheme to the President of the Tribunal appointed under section 32 of the Act.
The Judgment of the Court was delivered by Palekar.
VI and companyered an area .of about 160 acres divided into two parts by the Chodbunder Road which ran from south to numberth.
for the purpose of the Act, number became the local authority.
On 30th April, 1963, a draft scheme was, prepared and published as required by the Act and it was duly sanctioned by the Government on 6th May, 1954.
2 of 1967.
1121 of 1970.
J. This is an appeal by special leave from an Order of the High Court of Bombay dated 24th April, 1969 in Appeal No.
Thereafter, the Municipal Committee was abolished and the area of that municipality was absorbed within the limits of the Bombay Municipal Corporation.
applied to the Government, and on 7th May, 1951, the Government of Bombay sanctioned the making of the Scheme.
So, between the five respondents, they became the owners of the above 41 final plots.
474 of 1965.
Under section 90 the new Act, the final Scheme already formulated was adopted for companytinuance and implementation.
