Misc. Petn. No. 593 of 1977. Case: Municipal Corporation of Greater Bombay Vs Gopal M. Guttal, Judge, Bombay City Civil Court, Bombay and others. High Court of Bombay (India)
| Case Number | Misc. Petn. No. 593 of 1977 |
| Counsel | For Appellant: R.L. Dalal with F.N.P. D'Mellow and For Respondents: S.S. Parkar, T.N. Subramanyam with Rajiv and E.P. Bharucha, Advs. |
| Judges | S.P. Bharucha, J. |
| Issue | Maharashtra Regional And Town Planning Act, 1966 - Sections 100, 104, 2(22), 2(13), 72, 72(1), 72(3), 72(3)(iii), 72(3)(iv), 73, 73(2)(iv), 74, 75, 78, 88(b), 97 |
| Citation | 1983 MahLJ 245 |
| Judgement Date | August 27, 1982 |
| Court | High Court of Bombay (India) |
Judgment:
S.P. Bharucha, J.
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The short point involved relates to the jurisdiction of the tribunal of appeal constituted under the Maharashtra Regional and Town Planning Act, 1966.
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On 14th September, 1959 the Municipal Corporation of Greater Bombay, the petitioner herein, declared its intention to vary the Town Planning Scheme, Santacruz II (1st Variation) (final), to provide for recreation grounds and widening of roads. On 24th September 1959 the draft variation was published in the Maharashtra Government Gazette On 3rd February 1962 the Town Planning Officer was appointed. Ultimately after changes, the 4th respondent was appointed Town Planning Officer on 13th September, 1972. On 8th January 1975 the Town Planning Officer finalised the scheme and declared the award. On I6th September 1975 appeals were filed by 38 original plot-holders to the tribunal of appeal constituted under the Act and comprised of respondents 1 to 3, The appeals were heard on 7th and 8th January 1976. The tribunal inspected the plots on 14th January 1976. On 23rd February 1976 the tribunal published its award.
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The tribunal held that, in view of the fact that the 7 plots described by it were wholly acquired, and as no part of the original plots were to remain with the respective original plot holders, it was open to these plot holders to ask the tribunal to fix the reasonable value of these original plots in view of the provisions of section 73 (2) (iv) of the Act. However, where the original plot-holders were not wholly deprived of their respective original plots the submission made to re-assess the original value of these original plots was rejected as being against the provisions of the Act. In this writ petition, the Municipal Corporation challenges that part of the award which enhances the value of the original plots which were wholly acquired and no part thereof remained with the respective plot-holders.
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It was submitted by Mr. Dalai, learned counsel for the Municipal Corporation, that no appeal lay where the original plot-holder was allotted a final plot. It lay only where the original plot-holder was not awarded a final plot but was awarded only monetary compensation. It was contended on the other hand by counsel on behalf of the respondent plot-holders that where the final plot allotted contained no part of the original plot, sections 72 (3) (iv) applied and an appeal lay. Where, however, the final plot allotted contained a part of the original...
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