A. N. RAY, D. G. PALEKAR, S. M. SIKRI
Municipal Corporation For Greater Bombay – Appellant
Versus
Advance Builders India Private LTD. – Respondent
Judgment
PALEKAR, J.:- This is an appeal by special leave from an Order of the High Court of Bombay dated 24th April, 1969 in Appeal No.2 of 1967, substantially confirming the order passed by a single Judge of that Court in Writ Petition No.474 of 1965. The appellants before this Court are the Bombay Municipal Corporation and the Municipal Corporation of Bombay and the respondents are the owners of 41 final plots Nos. 106 to 116 and 118 to 147 under the Bombay Town Planning Scheme, Santacruz VI.
2. The area under the Town Planning Scheme, with which we are now concerned, originally fell within the municipal limits of the Bandra Municipal Committee. That Committee, by a resolution dated 15th June, 1948, declared its intention to frame a Town Planning Scheme under Section 9 (1) of the Town Planning Act, 1915. Thereafter, the Municipal Committee was abolished and the area of that municipality was absorbed within the limits of the Bombay Municipal Corporation. The Corporation, which, for the purpose of the Act, now became the local authority, applied to the Government, and on 7th May, 1951, the Government of Bombay sanctioned the making of the Scheme. On 30th April, 1953, a draft scheme
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