MURTUJAKHAN JORAVARKHAN BABI NAWAB OF RADHANPUR Vs. MUNICIPAL CORPORATION OF AHMEDABAD

JUDGEMENT

(1.) The petitioner is the owner of final Plot No. 51 of Town Planning Scheme No. IV (Varied) of Maninagar (Manipur) at Ahmedabad. The said plot admeasures about 2662 sq. yds. In the year 1924 the Notified Area Committee of Kankaria was the local authority for the Maninagar area within the meaning of sec. 9 of the Bombay Town Planning Act 1915 (hereinafter referred to as the Old Act). The Notified Area Committee declared its intention to frame a Town Planning Scheme in the year 1924 and a draft planning scheme was accordingly prepared in due course. In the said draft scheme the land of the petitioner vas reserved for post office and it was directed that the land shall remain vacant in possession of the owner for fifteen years and that no superstructure shall be erected thereon during the said period - The Final Town Planning Scheme No. IV (Manipur) was thereafter duly prepared and by a notification dated April 27 1931 sanction was accorded to the same with effect from July 1 1931 This scheme subsequently came to be known as the Principal Scheme and will be referred as such in the course of this judgment. Under the Principal Scheme also the plot in question was reserved for fifteen years for post office and a direction was given that the land shall remain vacant in possession of the owner and no superstructure shall be erected thereon during the period of reservation.

(2.) On July 13 1939 a Government Notification was issued in exercise of the power conferred by sec. 45A of the Old Act under which the properties and rights of the Notified Area Committee in the Principal Scheme were vested in the then Municipal Borough of Ahmedabad with effect from February 1 1939 On November 15 1944 the Committee of Management of the Municipal Borough of Ahmedabad passed a resolution declaring its intention to vary the Principal Scheme and a notification to that effect was duly published in the Government Gazette on November 302 1944 (Annexure A). Clauses 4 and 5 of the said notification indicated that it was inter alia proposed to acquire final Plot No. 51 which was originally reserved for a public purpose and to allot additional Plots for public purposes where no such provision was made in the Principal Scheme. By a notification dated December 21 1946 published in the Government Gazette dated December 27 1945 the Government accorded sanction to the variation of the Principal Scheme under sub-sec (6) of sec. 9 of the Old Act (Annexure B). On December 16 1946 the draft varied scheme was prepared and it was published in the Government Gazette dated December 20 1946 In the draft varied scheme provision was made for the allotment of final Plot No. 51 to the postal authorities. The objections were invited and duly considered and the draft varied scheme was thereafter submitted to the Government for sanction under sec. 14 of the Old Act. The Government by its notification dated July 9 1948 (Annexure C) accorded its sanction to the said scheme under sub-sec. (2) of sec. 14 of the Old Act.

(3.) On May 21 1953 the petitioner made an application for putting up a structure on the land in question. The said application was however rejected by the Town Development Officer Ahmedabad Municipal Corporation by his letter dated May 24 1953 on the ground inter alia that the plot in question having been reserved for post office sanction for construction thereon could not be granted. (Annexure D).