JUDGMENT

K.RAMASWAMY, J.:—This appeal by special leave is against the judgment of the Division Bench in L.P.A. No. 114 of 1977, dated May 4,1977 of the Gujarat High Court. The lone question for decision in this appeal is whether the compliance of sub-rules (3) and (4) of Rule 22 of Bombay Town Planning Rules 1955 for short the Rulesis mandatory and whether the violation thereof invalidates the final Town Planning Scheme. In a suit laid by the appellants . the trial Court found as a fact that the appellant, a,partnership firm, was continuing in possession of the old premises bearing M. C. No. 352/(S) No. 163-A-2 from the year 1940 as a direct tenant of Ahmedabad Panjara Pole, Barartha, a registered trust, the owner of the plot of land of survey No. 163 situated in Wart No.C in front of town hall in Sher Kotda outside Saraspur gate in the city of Ahmedabad. The original plot consists of an area about 5 hundred to 6 hundred square yards in extent wherein certain structures were laid and leased out to the tenants or sub-tenants for business purposes. The Town Planning Scheme was formulated by theMunicipal Corporation in exercise of its power under the Bombay Town Planning Act, 1955 (Ac