B. J. DIVAN, P. N. BHAGWATI, J.

( 1 ) THERE is a plot of land situate in Shahibaug Ahmedabad which at one time belonged to the first petitioner. The northern part of this plot of land bore survey No. 186a and the southern part bore survey No. 186b. The draft scheme relating to the Town Planning Scheme No. 14 of Shahibaug Ahmedabad was sanctioned by the State Government by a notification dated 9th December 1954 issued under sec 14 (2) of the Bombay Town Planning Act 1915 (hereinafter called the old Act) and under the draft scheme as sanctioned this plot of land which was designated old plot No. 107 was retained as one single plot and given final plot No. 189. The second respondent was appointed arbitrator to decide various matters specified in sec. 30 of the old Act and pursuant to this appointment the second respondent entered upon his duties as arbitrator. In the meantime the old Act was repealed by the Bombay Town Planning Act 1954 (hereinafter referred to as the new Act) which came into force on 1st April 1957 and by reason of sec. 90 sub-sec. (4) of the new Act the appointment of the second respondent continued as if he were appointed Town Planning Officer under the new Act and the proceedings pending before him also continued as if they were proceedings before the Town Planning Officer under the new Act. The second respondent issued notices dated 27 November 1957 to the first petitioner giving him an opportunity to file objections in regard to the particulars set out in the draft scheme and the first petitioner accordingly filed objections against various particulars but so far as the allotment of final plot No. 189 as a reconstituted plot was concerned the first petitioner was satisfied with it and did not raise any objection against the same. The first petitioner had thereafter no information as to what was happening until some time in the middle of May 1960 when the first petitioner came to learn for the first time that the second respondent had laid out a new road in final plot No. 189 along its eastern boundary though no such road was proposed in the draft scheme as originally sanctioned by the State Government. The reason for laying out this new road according to the respondents was that on 5 August 1958 whilst the proceedings were pending before the second respondent Respondents Nos. 5 to 7 who were owners of the immediately adjoining final plot No. 191 on the east as members of a joint Hindu family partitioned the said plot and as a result of the partition the northern portion subsequently designated final plot No. 191 went to the share of respondents Nos. 5 and 6 and the southern portion which was given final plot No. 191a went to the share of respondent No. 7:- respondent No. 7 had however no access to final plot No. 191a since no such access was provided in the partition through final plot No. 191 the second respondent therefore in conformity with the principle of town planning that access should be provided to all plot-holders laid out this new road in final plot No. 189 with a view to providing access to final plot No. 191a which would otherwise have been land locked and reconstituted final plot No. 189 into two plots namely final plot No. 189a and 189b in such a manner that the entire length of the new road extended upto the southern end of the eastern boundary of final plot No. 189a and provided access also to final plot No. 189b. This decision was taken by the second respondent on 12th August 1959 but the first petitioner did not come to know about the same until the middle of May 1960. As soon as the first petitioner came to know about it he immediately protested against the same to the Municipal Commissioner and also carried on correspondence with the Municipal Commissioner as well as the second respondent but there was no response and he was ultimately constrained to file the present petition challenging the validity of this decision taken by the second respondent. During the pendency of the petition the

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