Judgment

SHARMA, J.- This appeal by special leave is directed against the decision of the Bombay High Court on a writ petition filed by respondent 1. hereinafter referred to as the respondent. The application of the respondent for permitting construction on the land in question described as plots No. 29 and 30 in the town of Nasik was rejected by the Nasik Municipal Council, which led to the filing of the writ case.

2. In 1955 the respondent purchased the land in question from one Patwardhan and in 1957 obtained permission to construct a building thereon. However, no construction was made and in March 1962, a notification under Section 4 of the Land Acquisition Act was issued for the purpose of establishing a Tonga Stand. The respondent made a fresh application for permission to make construction. He was told not to do so on the ground that the land was reserved for road widening under a Town Planning Scheme which was being implemented. He however started construction work and when prevented from so doing, filed a writ application in the High Court which was later withdrawn. Subsequently he filed a suit in the civil court inter alia claiming damages. Soon there-after a resolution wa