50 per sq.
the gujarat high companyrt dismissed the writ petition agreeing with the board of appeal that the appeal was incompetent.
before the board of appeal the appellant reduced his claim to rs.
he also questioned the propriety of reserving such a large area of land for the scheme.
on july 4 1967 a draft scheme was published which included among other lands an area admeasuring 137961 sq.
331455.
2.40 p. per sq.
by his order made on numberember 4 1971 the town planning officer awarded companypensation to the appellant at the rate of rs.
appeal by special leave from the judgment and order dated the 3rd september 1976 of the gujarat high companyrt in special civil appln.
section 34 read with section 32 1 of the act provides an appeal from the decision of the town planning officer on certain specified matters to a board of appeal.
9.50 p. per sq.
on may 10 1968 government of gujarat granted sanction to the draft scheme.
number satisfied with the decision of the town planning officer the appellant preferred an appeal.
civil appellate jurisdiction civil appeal number 1224 of 1977.
the appellant then challenged the order of the board of appeal before the gujarat high companyrt by filing a writ petition in which certain provisions of the act were also challenged as unconstitutional and it was claimed that the town planning scheme was companysequently invalid.
the total compensation awarded was rs.
bhatia for intervener surat municipality.
gandhi p.h.
desai and m.n.
this was town planning scheme surat number 8 umarwada .
before the town planning officer the appellant claimed companypensation for deprivation of his right in the land at rs.
the board of appeal held that the appeal was number maintainable as the act did number provide an appeal from a decision of the town planning officer on matters dealt with by him in his order dated numberember 4 1971.
parekh and miss vineeta caprihan for the appellant.
number 1501 of 1974 s. nariman dr.
soli j. sorabjee g.n.
shroff for respondent number 1 n. desai prashant g. desai and s.c.
the constitutional questions raised in the writ petition companyld number be decided as emergency was then in force in the companyntry and rights companyferred by articles 1419 and 31 of the constitution on which the appellants companytentions were based remained suspended at the time.
nanavati c.r.
patel for respondent number 2 k. dholakia and r.c.
the appellants grievance was that the companypensation awarded was inadequate and further that the apportionment of companypensation between the lessor and the lessee was number proper.
chitale k.s.
meters of which appellant as karta of a hindu undivided family was the lessee.
the judgment of the companyrt was delivered by gupta j. on june 26 1965 the surat municipal corporation then called surat borough municipality declared its intention to make a town planning scheme under section 22 of the bombay town planning act 1954 hereinafter referred as the act .
