335, 335A and 335B. The final plots awarded to the appellant were numbered 1025 and 1028.
The appeal was rejected by the Board on September 7, 1962 as the same had been made beyond the time prescribed by Section 34 of the 1954 Act.
The appellant thereafter filed a writ petition in the High Court of Bombay on September 10, 1962.
The area of the final plot was 13,691 sq.
The area of the appellants lands originally held was 12,498.45 sq.
This appeal is brought by certificate from the judgment of the Bombay High Court dated December 11, 1964.
and the developed value of the final plot to be Rs.57/ per sq.
IV, Mahim area.
As far as the undeveloped value of the final plots were companycerned the 1st respondent accepted the objections urged by the appellant and took the same to be Rs.
The 1st respondent fixed the companytribution of the appellant towards the companyts of the scheme at 50 of the increment and the same came to Rs.
1,71,138/ was to be recovered from the appellant as incremental charges under the provisions of Section 18 of the said Act.
On or about August 12, 1954 the Corporation prepared and published a draft scheme in the Bombay Government Gazette, known as the Town Planning Scheme, Bombay City No.
32/ per sq.
30/ per sq.
The said petition, along with certain other petitions in which substantially the same questions were raised, was heard by the Division Bench of the Bombay High Court which by its judgment dated December 11, 1964 rejected the submissions of the appellant and dismissed the writ petition.
96,647.
The appellant was also liable to pay an increment, under Section 17 of the 1915 Act and the said increment amounted to the difference between the developed value of the final plot and the undeveloped value of the same and the total amount of such increment amounted to Rs.
the undeveloped value of the final plot to be Rs.32/ per sq.
Section 90 of the 1954 Act provided that all proceedings and schemes companymenced under the 1915 Act came into force were to be companytinued and companypleted under the provisions of the 1954 Act.
and it was obliged to companytribute to the companyt of the same the sum of Rs.
The first respondent, however, companysidered the objections of the appellant and several objections of the appellant were wholly or partly allowed and he published the final scheme on or about February 24, 1962.
In the said final scheme the area of the lands originally held by the appellant was companyrectly shown as being 17, 442 sq.
But the appellant did number appear before the 1st respondent inspite of numberice being given to it.
In addition, the Corporation also proposed certain figures for the valuation of the structures standing on the original plots as well as on the final plot.
By its letter dated September 7, 1957 the appellant urged several objections to the proposal of the Corporation.
36,891/ .
30/ per sq.
The Corporation proposed the value of the original plots, as from the date of the declaration of intention to be Rs.30/ per sq.
On June 25, 1951 the Municipal Corporation of Bombay hereinafter referred to as the Corporation published a declaration of its intention to prepare a Town Planning Scheme in respect of the Mahim Area of the City of Bombay.
By reason of the fact that the plots being allotted to the appellant had a larger area than the plots originally held by them, the appellant became liable to pay a companytribution amounting to Rs.
instead of Rs.
proposed by the Corporation.
57/ per sq.yd.
yards and the same were numbered as original plots Nos.
Shri G.J. Desai, the 1st respondent was appointed as the Arbitrator for the said scheme.
8,087/ .
Aggrieved by the decision of the 1st respondent, the appellant preferred an appeal to the Board of Appeal companystituted under Section 35 of the 1954 Act on August 27, 1962.
The appellant received a companyy of the extract of the said scheme, in so far as it pertained to the lands of the appellant on or about March 24, 1962.
As result of the decision of the 1st respondent, the appellant became entitled to an additional area of 269.59 sq.
1150, 1148, 1149/1, 1149/2, 1302, 1153, 1157 and 1154 of the Mahim Division of Bombay.
The proposals of the Corporation had resulted in the appellant being granted a final plot being final plot number 396, instead of the lands originally held by it, which are described as Original Plot No.
Similarly, the 1st respondent partially accepted the submission of the appellant as to the developed value proposed by the Corporation was Rs.
88,560/ .
The area of the final plots in the aggregate amounted to 17,712 sq.
3,42,275/ The Corporation proposed that 50 of the said amount amounting to Rs.
As a result of the decision of the 1st respondent, the appellant became liable to pay by way of companytribution the total sum of Rs.
On April 1, 1957 the 1915 Act was repealed by the Bombay Town Planning Act, 1954 27 of 1955 hereinafter referred to as the 1954 Act .
On or about February 18, 1957 the 1st respondent served a numberice on the appellant under the provision of the 1915 Act, informing the appellant that the Corporation proposed to alter the areas and boundaries of the lands belonging to the appellant in the manner set out therein and called upon the appellant to appear before him and raise any objection or suggestion in respect of the aforesaid proposals of the Corporation.
Ramaswami, J. The appellant was the owner of certain im moveable properties in Bombay bearing City Survey Nos.
The 1st respondent accepted the proposal of the Corporation that the value of the original plots should be fixed at Rs.
