Judgment :-

K.S. Radhakrishnan, J.

1. Leave granted.

2. The question that has come up for consideration before us is whether after framing a Town Planning Scheme and the final scheme brought into force, after reserving plots for public purposes, providing compensation under Chapter V of the Maharashtra Regional and Town Planning Act, 1966 (for short ‘the MRTP Act’), can the land owner insist that the land be acquired only by following the provisions of Chapter VII of the MRTP Act, especially under Section 126 of the MRTP Act.

3. Vallabhadas Goragandhi was the original owner of plot No. 9 which was renumbered as Final plot No.44 in the Town Planning Scheme for Borivali with few structures thereon. After the death of Vallabhadas, his son Hiralal became the owner of the plot. Originally, that plot was under the Borivali Municipal Council in Thane District, Bombay. A Town Planning Scheme was prepared under the Town Planning Act, 1919 for Borivali with effect from 15.07.1919. In the year 1941, Hiralal expired and the appellant herein and respondent Nos.3 to 6 are the legal heirs of Hiralal.

4. The Bombay Town Planning Act, 1919 was replaced by the Bombay Town Planning Act, 1954 and the