JUDGMENT

VENKATARAMIAH, J.:— This appeal by Special leave is preferred against the judgment dated September 3, 1976 in Special Civil Application No. 1501 of 1976 on the file of the High Court of Gujarat filed under Art. 226 of the Constitution of India in which the appellant had challenged the constitutional validity of the Town Planning Scheme No. VIII (Umarwada) in respect of certain lands situated at Surat City in the State of Gujarat, published under the provisions of the Bombay Town Planning Act, 1954 (hereinafter referred to as the Act) in so far as the said scheme pertained to the land of which the appellant was the lessee, alleging inter alia that it was violative of Arts. 14, 19(1)(f) and 31 of the Constitution of India.

2. The land in question originally belonged to one Ladli Begum. She granted a lease in, respect of the said land in favour of a company called Nawab of Belha Spinning, Weaving and Manufacturing Mills Ltd. under a document dated November 15, 1882 for a period of 99 years with effect from November 1, 1881 with a right of renewal for a further period of 99 years. The land was described as the land bearing Survey Nos. 75, 81, 83, 84 and 86 measuring in all 49 a