AHMEDABAD MUNI CORPN Vs. SHETH MANILAL JESHINGBHAI
HIGH COURT OF GUJARAT
MUNICIPAL CORPORATION OF AHMEDABAD
SHETH MANILAL JESHINGBHAI
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(1.) This and the other 355 applications ate filed by the Municipal Corporation of Ahmedabad against the various holders of plots situate at Paldi within the area covered by what is known as the Paldi Town Planning Scheme No. VI. These applications are under Article227 of the Constitution and pray for setting aside the orders passed by the Board of Appeal appointed under sec. 33 of the Bombay Town Planning Act 1954 whereby the Board reduced (1) the incremental value of the plots from nine to eleven per cent and (2) the contribution levied on each of the plots towards the cost of the scheme as determined by the Town Planning Officer from 50% to 33%.
(2.) The questions involved in all these applications are identical and therefore it is expedient to dispose of all these applications by a common judgment
(3.) Prior to April 1 1957 when the Bombay Town Planning Act 1954 came into force the Bombay Town Planning Act 1915 applied and the Town Planning Schemes were framed under and governed by that Act. Accordingly the Borough Municipality of Ahmedabad as it then was prior to the enactment of the Bombay Provincial Municipal Corporations Act. LIX of 1949 made its declaration of intention to frame a scheme relating to the area in question as early as October 1 1941 under sec. 9(1) of the Bombay Town Planning Act 1915 By a Resolution No. 4730/33 dated March 31 1942 the Government of Bombay gave its sanction to the making of the scheme as required by sec. 916) of the 1915 Act. A draft scheme was accordingly prepared and the government of Bombay gave its sanction to that scheme under sec. 14(2) of the Act on September 25 1944 The scheme so prepared was a relatively modest scheme involving considerably lesser cost for the reason that it did not include such items as water supply drainage and lighting.;
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