Palekar, J. - (1.) This is an appeal by special leave from an Order of the High Court of Bombay dated 24th April, 1969 in Appeal No.2 of 1967, substantially confirming the order passed by a single Judge of that Court in Writ Petition No.474 of 1965. The appellants before this Court are the Bombay Municipal Corporation and the Municipal Corporation of Bombay and the respondents are the owners of 41 final plots Nos. 106 to 116 and 118 to 147 under the Bombay Town Planning Scheme, Santacruz VI.
(2.) The area under the Town Planning Scheme, with which we are now concerned, originally fell within the municipal limits of the Bandra Municipal Committee. 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. Thereafter, the Municipal Committee was abolished and the area of that municipality was absorbed within the limits of the Bombay Municipal Corporation. The Corporation, which, for the purpose of the Act, now became the local authority, applied to the Government, and on 7th May, 1951, the Government of Bombay sanctioned the making of the Scheme. On 30th April, 1953, a draft scheme was prepared and published as required by the Act and it was duly sanctioned by the Government on 6th May, 1954. 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 22 of the Act. In the meantime, the Town Planning act, 1915 was replaced by the Town Planning Act, 1954 which came into force on 1st April, 1957. Under Section 90 of the new Act, the final Scheme already formulated was adopted for continuance and implementation. Finally, on 21st August, 1958, the final Scheme was sanctioned by the Government which directed that the Scheme should come into force from 1st January, 1959.
(3.) The Scheme as already stated, was known as the Bombay Town Planning Scheme, Santacruz No.VI and covered an area of about 169 acres divided into two parts by the Ghodbunder Road which ran from south to north. We are not concerned here with the western part. We are concerned with the eastern part, the total area of which was about 54 acres. A part of this area belonged to the N. J. Wadia Trust. In a Trust Petition made to the High Court, a Receiver was appointed on 8th February, 1948 of this trust property. It appears that unauthorised huts, sheds and stables had been built in this area and the whole of it was full of slums, the removal of which was one of the objects of introducing the Town Planning Scheme. As the Arbitrator has stated in his Final Scheme. "The Final Scheme as now drawn up provides for the construction of new roads with necessary storm-water drains on the sides of the roads, certain public sites within the area such as School, Playground, Market, Maternity Home etc. The construction of new roads, the provision of public sites and the removal of slums will provide for the development of this part of the Suburb on proper lines". In pursuance of the Scheme, the part of land, which belonged to N.J. Wadia Trust and which was now in the possession of the Receiver, became a part of the Scheme and, under the Scheme, a number of final plots were allotted to the Receiver. On 31st July, 1962, the Receiver transferred a total area of 69,625 sq. yards comprised in 41 final plots being Nos. 106 to 116 and 118 to 147 to respondents 1 to 3 and one Gardi. Gardi sold his plots in due course to respondents 4 and 5. So, between the five respondents, they became the owners of the above 41 final plots.;