JUDGMENT :

AKIL KURESHI, J.

Preamble:

1. In State of Gujarat vs. Shantilal Mangaldas and Others, (1969) 1 SCC 509, the Constitution Bench of the Supreme Court had an occasion to examine the scheme of the Bombay Town Planning Act, 1955 in the context of challenge to the vires of Sections 53 and 67 thereof. It was noticed that the Bombay Town Planning Act, 1955 was enacted repealing the Bombay Town Planning Act, 1915. The objects for framing the Act of 1955 and the difference in the repealed Act 1915 and the new Act were noticed as under:

“8. The principal objects of the town: planning legislation are to provide for planned and controlled development and use of land in urban areas. Introduction of the factory system into methods of manufacture, brought about a great exodus of population from the village into the manufacturing centers leading to congestion and overcrowding and cheap and unsanitary dwellings were hurriedly erected often in the vicinity of the factories. Erection of these dwellings was generally subject to little supervision or control by local authorities, and the new,