MANEKLAL CHBOTALAL Vs. M G MAKWANA

JUDGEMENT

(1.) In this writ petition, under Art. 32 of the Constitution, the petitioners challenge the constitutional validity of the Bombay Town Planning Act, 1954 (Bombay Act XXVII of 1955) (hereinafter called the Act), as originally framed, and also after its amendment. by the Bombay Town Planning (Gujarat Amendment And Validating Provisions) Act, 1963 (Gujarat Act LII of 1963) (hereinafter called the Amending Act). They also challenge and seek to have quashed, all action and proceedings that have been taken by the respondents, under the Act, in relation to the Town Planning Scheme, No. 19 (Memnagar ), Ahmedabad.

(2.) The circumstances under which the petitioners have come to this Court may be briefly indicated. The petitioners, who are stated to be members of a Hindu Undivided Family, owned certain extent of lands in two areas viz., Usmanpur Section and Wadej Section. In the former, they claim to have owned lands bearing survey numbers 41/1, 42/2, 42, 51/1, 51/2 and 43 referred to as plot Nos. 22 and 22-A, measuring 65, 164 sq. yds. In Wadej Section, again, they owned 14,520 sq. yds., in survey Nos. 106, 3/1, 106/4, referred to as plot No. 195. Both these sections are within the jurisdiction of the second respondent herein, the Ahmedabad Municipal Corporation.

(3.) The second respondent, by resolution No. 475, dated August 20, 1959, declared its intention to make a Town Planning Scheme No. 19 (Memnagar), under S. 22 (1) of the Act, in respect of certain areas of land, which included the above mentioned lands of the petitioners. The said declaration was published in the Bombay Government Gazette, dated September 3, 1959. A notification was issued on November 16, 1959, stating that the second respondent was preparing a Draft Town Planning Scheme, and stating that interested persons may appear before the Town Planning Committee, on December 2, 1959, at 4 p. m., for the purpose of having the proposals contained in the Scheme explained to the public and to elicit suggestions from the public with regard to those proposals.