RAMANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The main challenge in this writ petition is to the proposal of the respondents who are seeking to upgrade some of the slums which are situated on different parcels of land which form part of the scheme which were originally approved under the Bombay Town Planning Act, 1954.

(2.) Scheme Nos. 10, 12, 13, 15, 17 to 22, 29 and 31 are stated to have been approved under Sec. 51 of the Bombay Town Planning Act, 1954. It appears that on some parcels of land slums have come into existence and with a view to upgrade the facilities for the said slums, notices were issued by the respondents on 23-11-1987 for the purposes of varying the said schemes. It is the said notices and the subsequent action proposed to be taken which have been challenged in the present writ petition.

(3.) The contention of the learned Counsel for the petitioners is that on the Town Planning Scheme being finalised under the provision of sub-sec. (3) of Sec. 65, no amendment can be made by the Executive and it is only by legislative action that any change can be brought about. Elaborating this contention, it is submitted that Sec. 65(3) states that a final scheme is deemed to have been enacted under the Act from the date of the notification in respect thereof. Because it has become a part of the Act, it is submitted, therefore, there can be no amendment thereto except by the Legislature.