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1974 Supreme(Guj) 100

J.B.MEHTA, P.D.DESAI
MURTUJAKHAN JORAVARKHAN BABI – Appellant
Versus
MUNICIPAL CORPORATION AHMEDABAD – Respondent


Advocates Appeared: K.S.NANAVATI, VITTHALBHAI PATEL

J. B. MEHTA, P. D. DESAI, J.

( 1 ) THE petitioner is the owner of final Plot No. 51 of Town Planning Scheme No. IV (Varied) of Maninagar (Manipur) at Ahmedabad. The said plot admeasures about 2662 sq. yds. In the year 1924 the Notified Area Committee of Kankaria was the local authority for the Maninagar area within the meaning of sec. 9 of the Bombay Town Planning Act 1915 (hereinafter referred to as the Old Act ). The Notified Area Committee declared its intention to frame a Town Planning Scheme in the year 1924 and a draft planning scheme was accordingly prepared in due course. In the said draft scheme the land of the petitioner vas reserved for post office and it was directed that the land shall remain vacant in possession of the owner for fifteen years and that no superstructure shall be erected thereon during the said period - The Final Town Planning Scheme No. IV (Manipur) was thereafter duly prepared and by a notification dated April 27 1931 sanction was accorded to the same with effect from July 1 1931 This scheme subsequently came to be known as the Principal Scheme and will be referred as such in the course of this judgment. Under the Principal Scheme also the plot in ques



































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