Judgment

JASWANT SINGH, J.- These two appeals by special leave granted by this Court which are directed against the judgment and order dated 20-3-1972 of the High Court of Bombay at Special Civil Applications Nos. 1686 and 1987 of 1969 shall be disposed of by this judgment.

2. The subject-matter of dispute which has wended its way to this Court is a godown, being godwon No. built on Plot No. 37 bearing C. S. No. 130, Elphinstone Estate at Masjid Siding Road, Kurla Street, Bombay-9 which belongs to Port Trust, Bombay. Respondent No. 1 in both the above mentioned appeals viz. M/s. Benett Coleman & Co. got the aforesaid plot No. 37 as also plot No. 36 on lease from the Port Trust. Bombay, on 1st August, 1933 on a yearly rent of Rs. 416.89, On plot No. 37, the said respondent erected some godowns which along with certain other buildings that had grown up in a haphazard manner and could be described as slums were destroyed as a result of terrific explosions which occurred on April 14, 1944 in the Bombay Docks, Being of the view that it was extremely desirable that rebuilding in the devastated area should be carried out on modern principles of town planning. The Bombay Municipal Corporatio