SHANKAR DATTATRYA PRABHAVALKAR Vs. MUNICIPAL CORPORATION OF THE CITY OF BOMBAY

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Bombay, in its civil appellate jurisdiction, dated April 1, 1944, which affirmed a judgment and decree of that Court in its original jurisdiction, dated October 16, 1942, whereby the suit of the appellants against the respondents was dismissed.

(2.) IN the suit the appellants challenged the actions of the- second respondent, who is the Municipal Commissioner] for the City of Bombay, purporting to be taken under the City of Bombay Municipal Act, 1888 (Bom. Act III of 1888), in the course of development of the Mahim district of the City, and, in particular, of an area, which included the land now occupied by the Shivaji Park, and the surrounding land, which included the plot of land now owned by the appellants. The appellants originally challenged the bona fides of the second respondent, who may be referred to as the Municipal Commissioner, as well as the validity of his actions, but the former ground was no large; maintained before this Board.

(3.) IN March, 1939, Raote gave notice as required by a 337 of the Act of his intention to build upon his plot, accompanied by a plan which showed a space of 10 feet between the proposed building and each of the 60 feet and 40 feet roads. Raote did not proceed with his application, but sold the plot to the appellants in 1940, and completed the agreement by conveying the plot to them by deed dated December 19, 1940.