( 1 ) THE question arising in this petition lies in a very narrow compass and turns on a true interpretation of Rule 21 clause (4) of the Bombay Town Planning Rules 1955 The fourth respondent is the owner of a plot of land bearing Survey No. 662 situate in Asarva within the limits of the Municipal Corporation of Ahmedabad. There is a superstructure on this plot of land which also belongs to the fourth respondent. A part of this plot of land together with the superstructure was let out by the fourth respondent to the petitioner about 40 years ago and since that date the petitioner is in possession of the same as a tenant. The superstructure in the possession of the petitioner consists of shops bearing Municipal Census Nos. 1202/2 1202 and 1202/4. The Borough Municipality by a resolution dated 31st October 1941 declared its intention to make a Town Planning Scheme namely Town Planning Scheme No. VIII and after the declaration of intention was sanctioned by the Government of Bombay a draft scheme was prepared and published by the Borough Municipality and sanctioned by the Government of Bombay on 16th September 1952. The plot of land belonging to the four