HASMUKHBHAI DHANJIBHAI ZAVERI Vs. R PARTHSARTHY

JUDGEMENT

(1.) This petition is directed against an order dated October 13 1969 passed by the Municipal Commissioner of Baroda who is the first respondent herein under sec. 258 of the Bombay Provincial Municipal Corporations Act 1949 hereinafter referred to as the Act.

(2.) The first petitioner is the owner of a piece or parcel of land bearing survey No. 563 Tika No. C7/5 situate in Sayaji Ganj area of the city of Baroda. By an agreement of sale dated December 8 1968 the first petitioner agreed to sell the said land to one Kundanlal Chandulal Zaveri and others carrying on business in the name and style of M/s. Zaveri Brothers. Subsequently by an agreement of sale dated March 31 1969 the said Kundanlal Chandulal Zaveri and others as Partners of M/s. Zaveri Brothers and the first petitioner as a confirming party agreed to sell the said land to petitioners Nos. 2 and 3 for and on behalf of petitioner No. 4.

(3.) It appears that the petitioners desired to erect a building upon the land in question. The first petitioner therefore made an application dated April 1 1969 to the then Municipal Commissioner of Baroda under sec. 253 of the Act giving notice of his intention to erect a building consisting of a basement shopping area offices restaurant and residential tenements. Necessary plans maps documents etc. required to be furnished under the relevant bye-laws of the second respondent Municipal Corporation were annexed to the application. On May 16 1969 a meeting was held at which the then Municipal Commissioner the Town Development Officer petitioners Nos. 1 to 3 and their Architect were present. At the said meeting the plans submitted by the first petitioner for the construction of the proposed building were discussed and certain objections in regard to the plans were pointed out to the three petitioners. On June 20 1969 fresh plans were submitted to the then Municipal Commissioner and according to the respondents the Architect of the first petitioner had assured the then Municipal Commissioner that the plans were revised to comply with all the objections raised at the earlier meeting and that the plans were in accordance with the rules and the bye-laws. On June 21 1969 building permission was issued to the first petitioner who was authorised to proceed with the construction of the building in accordance with the fresh plans submitted by him.