Judgement

JAGANNADHADAS J. : These two are appeals on leave granted by the High Court of Bombay under Art. 133(1) (c) of the Constitution against its common judgment in Second Appeals Nos. 936 and 937 of 1947. The appellant in each of these appeals is the State of Bombay and the respondent is Mulji Jetha & Company.

The respondent owned three survey numbers at Jalgaon in the State of Bombay being Survey Nos. 253-A, 254-A, and 253-B, which, prior to the year 1911, were used and assessed as agricultural lands. In the year 1911, the respondent made an application under S. 65, Bombay Land Revenue Code, 1879 (Bombay Act V of 1879) (hereinafter referred to as the Code), to the Collector of Jalgaon for permission to divert the lands comprised in Survey Nos. 253-A and 254-A from agricultural to non-agricultural use for the purpose of constructing thereon a structure in accordance with a plan submitted along with that application. In the year 1912, he made another similar application in respect of Survey No. 253-B.

The Collector after referring the plans to the Municipality and obtaining their views, granted the necessary permission, on 1-8-1911, in respect of Survey Nos. 253-A and 254-A, and o