CHANDULAL VASUDEO VAIDYA Vs. NASIK MUNICIPAL BOROUGH, NASIK

JUDGEMENT

(1.) THESE six appeals raise a common question of law of some importance regarding the interpretation of certain provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 'the Act of 1966'). First Appeal Nos. 266/73, 299/73, 420/73 and 480/73 arise out of Spl. Civil Suit No. 49/70, and First Appeal Nos. 353/73 and 421/73 arise out of Spl. Civil Suit No. 21 of 1970, both of which were decided by the Civil Judge, S. D., Nasik, on October 31, 1972.

(2.) IT will be sufficient if we give the facts only of Spl. Civil Suit No. 49/70 as the material facts in the two suits are not in dispute, and on the question, of law that we will be deciding it will be possible to dispose of all the six appeals.

(3.) BY its resolution dated November 11, 1941, the Nasik Municipal Council declared its intention under the Town Planning Act, 1915 of making a Town Planning Scheme applicable to some part of Nasik District. A scheme ultimately came to be prepared under the Bombay Town Planning Act, 1954 (hereinafter referred to as 'the Act of 1954'). It was prepared on June 12, 1963. The Town Planning Scheme was made final and came to be known as Town Planning Scheme Nasik No. 1 (Final). This was published in Maharashtra Government Gazette on June 20, ly63, and it was to come into force on October 1, 1963. This scheme is a Government Publication and though it has been printed; surprisingly, no copy of the scheme was produced at the trial At the time of the hearing of these appeals, two copies of the Town Planning Scheme Nasik No. 1 (Final) were produced We have taken them on record at the request of the Advocates on either side by their consent (Marked Exh. 'A' in F. A. No. 266 of 1973).