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 In the meantime the old Act was repealed by the Bombay Town Planning Act 1954 (hereinafter referred to as the new Act) which came into force on 1st April 1957 and by reason of sec. 90 sub-sec.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

Click Here to Read the rest of this document