BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In State of Gujarat v. Shantilal Mangaldas and Ors., reported in (1969) 1 SCC 509, the Constitution Bench of the Supreme Court had an occasion to examine the scheme of the Bombay Town Planning Act, 1955 in the context of challenge to the vires of Ss. 53 and 67 thereof. It was noticed that the Bombay Town Planning Act, 1955 was enacted repealing the Bombay Town Planning Act, 1915. The objects for framing the Act of 1955 and the difference in the repealed Act 1915 and the new Act were noticed as under:-

(2.) The Supreme Court noticed the scheme framed under the said Act for formation of final town planning scheme which included rearrangement of the titles in various plots and reservation of lands for public purposes and financial adjustments to be made. It was noticed that the owner who is deprived of the land has to be compensated and the owner who obtains a reconstituted plot in surroundings which are conducive to better sanitary living conditions has to contribute towards the expenses of the scheme. It was observed that this was necessary since on the making of town planning scheme the value of the plot raises and a part of the benefit which arises out of unearned rise in prices is directed to be contributed towards financing the scheme which enables the residents in that area to more amenities, better facilities and healthier living conditions.

(3.) Town Planning laws similar to the Bombay Town Planning Act, 1955 have been enacted by other State legislations also. In the State of Rajasthan, Rajasthan Urban Improvement Act, 1959 was enacted to make provisions for improvement and expansion of urban area in the State of Rajasthan. The statement of objects and reasons for framing of this Act reads as under:-