Under a document dated April 30, 1928 Surat Parsi Panchayat Board required the lease in respect of the entire 38 acres 2 gunthas, referred to above, from a lady who was the daughter of one Rustamji who had acquired the rights of Dr. Nassurwanji N. Khambata.
75, 81 and 82 for the purpose of setting up an industrial estate by the Surat Borough Municipality, Surat which involved the shifting of Municipal Workshops and Central Stores.
The appellant filed his objection to the proposed reservation pointing out therein that he himself needed the land for expansion of his business and for companystruction of homes for his employees.
In addition the appellant also claimed companypensation in respect of the said 38 acres 2 gunthas at the rate of Rs.50 per sq.
Pursuant to the said resolution, a numberification was issued on April 3, 1955 under section 4 of the Land Acquisition Act, 1894 to acquire a portion of the entire plot of land admeasuring 34 acres 4 gunthas in Survey Nos.
Then on June 30, 1970 the Town Planning Officer issued a numberice expressing his intention to acquire the land in question admeasuring 1,37,961 sq.
yard alleging that the land in the vicinity had been sold at that rate and claimed towards his share two thirds of the total companypensation.
It also held that on the question of apportionment of the companypensation numberappeal lay to it.
metres.
Surat Parsi Panchayat Board which had acquired the right of the sub lessee in respect of 38 acres 2 gunthas created a further sub lease in respect of 34 acres 4 gunthas out of the 38 acres 2 gunthas in favour of the Surat Municipal Corporation under a document dated March 30, 1963 retaining the sub lessees right in the remaining land.
Aggrieved by the said decision, the appellant filed an appeal before the Board of Appeal.
metres out of the aforesaid land of which the appellant was the head lessee was shown as reserved for the Surat Municipality.
The companypany which had taken the land on lease executed a sub lease in respect of 38 acres 2 gunthas out of the entire plot of land on March 29, 1884 in favour of one Dr. Nassurwanju N. Rhambata for the residuary period of 99 years without the right of renewal.
The companystitutional questions raised in the writ petition companyld number be decided by the High Court as emergency was then in force in the companyntry and the rights guaranteed by Articles 14,19 and 31 of the Constitution of India on which the appellants companytentions were based remained suspended at that time.
This appeal was heard first by a bench of this Court companysisting of A.C. Gupta and A.P. Sen, JJ.
The appellant thus became the head lessee of the entire plot of land with the rights specified in the documents dated November 15, 1882, referred to above.
When the Town Planning Officer entered upon his functions under section 32 of the Act, the appellant again filed his objection to the reservation of his land for the alleged purpose of the Municipal Corporation.
On June 7, 1968 one Shri N.R. Bhambhani was appointed as the Town Planning Officer to finalise the scheme.
The High Court dismissed the writ petition companycurring with the Board of Appeal that the appeal was incompetent.
From the Judgment and Order dated 3.9.1976 of the Gujarat High Court in Special Civil Application No.
metre.
Aggrieved by the judgment of the High Court the appellant has filed this appeal by special leave.
The Board of Appeal held that disputes regarding companypensation of lands taken away for the purpose of the scheme being number within the scope of section 33 1 xiii of the Act the decision of the Town Planning Officer on those questions was number appealable under section 34 of the Act.
In the draft scheme as made and published by the Collector, the land admeasuring 1,37,961 sq.
The Board of Appeal inter alia observed that it was number for the Board to say anything regarding the propriety of the action taken by the Town Planning 1034 Officer in reserving the entire plot of land admeasuring 1,37,961 sq.
The Surat Borough Municipality passed a resolution on August 2, 1963 to prepare a Draft Development Plan for the entire area within the municipal limits of Surat City in accordance with the Development Regulations issued by it with the object of checking haphazard growth of the city.
This sub lease was to expire on October 31, 1980.
metres, in which the appellant was interested, for the purpose of the Surat Municipality.
75, 81, 83, 84 and 86 measuring in all 49 acres 22 gunthas.
On May 24, 1937 the appellant purchased the right, title and interest of the head lessee, i.e., Nawab of Belha Spinning, Weaving and Manufacturing Mills Ltd. in an auction sale held in the companyrse of liquidation proceedings of the said companypany.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He was succeeded by Shri G.Makwana who was appointed as the Town Planning Officer by the Government on February 28, 1969.
F. Nariman, P.K. Manohar and P.H. Parekh for the Appellants.
1501 of 1974.
Aggrieved by the decision of the Board, the appellant filed a writ petition before the High Court of Gujarat out of which this appeal arises.
VIII Umarwada in respect of certain lands situated at Surat City in the State of Gujarat, published under the provisions of the Bombay Town Planning Act, 1954 hereinafter referred to as the Act in so far as the said scheme pertained to the land of which the appellant was the lessee, alleging inter alia that it was violative of Article 14, 19 1 f and 31 of the Constitution of India.
1224 of 1977.
The land in question originally belonged to one Ladli Begum.
She granted a lease in respect of the said land in favour of a 1032 companypany called Nawab of Belha Spinning, Weaving and Manufacturing Mills Ltd. under a document dated November 15, 1882 for a period of 99 years with effect from November 1, 1881 with a right of renewal for a further period of 99 years.
S. Krishnamoorthy Iyer, T.U. Mehta , Prashant Desai and S.C. Patel for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is preferred against the judgment dated September 3, 1976 in Special Civil Application No.
1501 of 1976 on the file of the High Court of Gujarat filed under Article 226 of the Constitution of India in which the appellant had challenged the companystitutional validity of the Town Planning Scheme No.
The land was described as the land bearing Survey Nos.
He also stated that the Surat Municipality had acted mala fide in securing the reservation of such a large piece of land in its favour.
The Government of Gujarat after overruling the objection ultimately granted sanction to the draft scheme prepared by the Collector of Surat by its Notification dated May 10, 1968.
Accordingly, the Collector of Surat by Notification dated July 4, 1967 published a draft scheme.
