( 1 ) THE petitioner is a co-operative society running a textile market in the city of Surat. The market building is situate on the Ring Road. In front of the building, the open land of the width of 22 feet is kept open. The Municipal Commissioner of Surat Municipal Corporation issued notice dated 15. 10. 1999 (Annexure "a") informing the petitioner society that as per Section 213 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the BPMC Act"), the Surat Municipal Corporation had resolved to acquire 360. 25 sq. mtrs. of land of Final Plot No. 141 Paiki + 142 Paiki of Town Planning Scheme No. 8 (Umarwada) with alignment line falling on the road and with anything on it. The petitioner society was, therefore, required to hand over possession of such land to the Town Planner failing which the Corporation will take appropriate steps at the petitioners expense. The Corporation further informed the petitioner that the value of the property was to be given to the petitioner for which purpose the petitioner could meet the Town Planner of the Surat Municipal Corporation.

( 2 ) THE aforesaid notice has been challenged in this petition mainly on the ground that the width of the Ring Road under the Town Planning Scheme is only 150 feet as mentioned in the public notice published in Gujarat Mitra dated 10. 5. 1987 and that, therefore, the Corporation cannot make a change in the final Town Planning Scheme without getting the sanction of the State Government. Secondly, it is contended that at present the width of the Ring Road is 190 ft. and that since it is already in excess of the width of the Town Planning road under the sanctioned Town Planning Scheme, the respondent cannot increase the width of the road without following the procedure prescribed under the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred as "the Town Planning Act" ). Thirdly, it is contended that even if the Corporation can make any change in the width of the road, the Corporation will have to follow the procedure prescribed by Section 210 (1) (b) of the BPMC Act which requires approval of the Standing Committee before the Municipal Commissioner can prescribe a fresh line in substitution for any line. It is submitted that in the instant case, no such resolution has been passed by the Standing Committee nor is it given any approval to the Municipal Commissioner to make any change in the existing street line. Lastly, it is submitted that looking to the large number of shops and visitors to the petitioner-societys market, the margin land of 22 ft. in front of the shops in the front line is absolutely necessary.

( 3 ) IN response to the notice issued by this Court, affidavit in reply has been filed by the Town Planner of the respondent Corporation. It is submitted that the Municipal Commissioner is empowered to exercise his powers under Sections 210 and 213 of the BPMC Act without fettered by any provisions of the Town Planning Act. It is further submitted that by order No. 3443 dated 3. 8. 1999, the Municipal Commissioner has passed the order under Section 210 (1) (a) for prescribing the alignment on the Ring Road for the first time under the BPMC Act. Hence, there was no need for any approval or resolution of the Standing Committee since the power is not exercised under Section 210 (1) (b ). On facts, it is pointed out that in the interest of public at large, the Corporation is required to widen the Ring Road. In view of the increase in the number of vehicles and population, the Corporation has to resort to the exercise of widening the road. Further it is pointed out in para 6 of the reply affidavit that pursuant to the notice, the office bearers of the petitioner society met the Municipal Commissioner. They made a representation that in view of the number of business persons running their business in the textile market and also a number of persons visiting the market daily for business purposes,