CHANDRAKANT DAHYABHAI Vs. COMMISSIONER

JUDGEMENT

(1.) THE petitioners have challenged a resolution no.22 adopted by the respondent Surat Municipal Corporation ("SMC" for short) in its general body meeting dated 29.4.1999. By the impugned resolution, the Corporation decided to lay out public streets at various places in terms of section 205 of the Bombay Provincial Municipal Corporations Act, 1949 ("BPMC Act" for short), one of them being Matawadi road passing through the wadi of Mohanbhai Kudnavawala and connecting the road of Rang Avdhut. Though from such description, immediately, the position of the proposed road is not clear, counsel for the petitioners drew my attention to the map at page- 11, Annexure-A to point out that such public street would pass through the existing residential locality where the petitioners have their houses so constructed on the plots owned by them.

(2.) COUNSEL for the petitioners raised following contentions against such notification :

(3.) SECTION 205 of the BPMC Act pertains to power to make new public streets and reads as under :