MANEKLAL CHHOTALAL & ORS. versus M. G. MAKWANA & ORS.

Citation: [1967] 3 S.C.R. 65 · Decided: 02-03-1967 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
D 
' 
G 
H 
MANEKLAL CHHOTALAL & ORS. 
v. 
M. G. MAKWANA & ORS. 
March 2, 1967 
(K. SuBBA RAo, c. J., J. c. SHAH, s. M. SI:KRI, v. RAMASWAMI 
AND C. A. VAIDIALINGAM, JJ.J 
Constitution of India, 1950, Arts. 14, 19 and 31; and Seventh Sche-
dule, List II, Entry 
18, and List Ill, Entry 
20-Competency of State 
Legislature to enact Bombay Town Planning Act (27 of 1955)-Act as 
amended by Bombay Town Plannin11 (Guiarat Amendment and Validat-
ing Provisions) Act (52 of 1963), if violative of fundamental rights. 
The. Ahmedabad Municipal Corporation 
published, under s. 22 of 
the Bombay Town Planning Act, 1954, a declaration of its intent on tO 
make a town planning scheme in respect of certain areas which included 
the lands of the petitioners. The petitioners subm.tted their objection.• 
and suggestions. 
A draft Town Planning Scheme was published there-
after under s. 23(1) and the petitioners again subm'tted the same objec. 
lions. After considering the objections and suggestions~ the draft scheme 
was forwarded to the State Government 
under 
s. 28 (I). The State 
Government sanctiOned the scheme 
under s. 28(2) and appointed 
a 
Town Planning Officer under s. 31 (I). He· issued a public notice in-
viting objections and suggestions from owners of land and the pet tioners 
reiterated their objections. 
The Town Planning Officer, thereaf:er, gave 
his decision under s. 32 regarding the value of the land originally owned 
by the petitioners, the extent of reconstituted land allotted to them, 
the 
compensation payable to them, the value of the land allotted to them 
taking into account the improvements in 
the 
Scheme 
and 
the 
net 
amount payable by the petitioners as their share of the contribution to-
wards the cost of the Scheme. 
As a result 
of the decision, the peti-
tioners were allotted a much smaller extent of land than they originally 
owned and were directed to pay certain sum'S as their share of the con-
tribution. 
On appeal under s. 34 the Board of Appeal slightly reduced 
the amount payable by the petitioners. The petitioners thereupon filed 
a writ petition in this Court and contended that : -~ 1) the State Legisla-
ture was not competent to enact the statute, and (2) the provisions of 
the Act, by conferring atbitrary powers on the authorities 
funcfoning 
under the Act., and by depriving the petitioners 
of their property, in-
fringed their fundamental rights under Arts. 14, 19(1) (f) and 31. 
HELD : (1) The heads of leg'slation 
in the Lists of the 
Seventh 
Schedule to the Constitution should be given a large and liberal inter-
pretat10n unless cut down by the terms of the item itself or by other parts 
oJ the Constitution, so that, they may have effect in their widest ampli-
fude. 
Therefore. the v2rious aspects dealt with in the Act can be consi-
dered to deal with "land" in Entry 18 of List II and the competency of 
the State Legislature can be found in that enl!y. (78 F-G; 79 A, C-D, G] 
Navinchandra Mafatlal v. Commissioner of Income-tax, Bombay City. 
(1955} I S.C.R. 829, Sri Ram Ram Narain Medhi v. State of Bombay, 
[1959] Supp. I S.C.R. 489 and Atma Ram v. State of Punjab, 
[1959] 
Supp. I S.C.R. 748, followed. 
66 
SUPREME COURT REPORTS 
[1967] 3 $.C.R. 
The Act is a lei:islation to consolidate 
and amend the law for the 
making and execution of town planning schemes for the healthy 
Gnd 
orderly development of the area. 
With a view to achieve that purpose, a· 
very elaborate procedure and machinery is prescribed in the Act. There-
fore, the competency of the State Legislature could also be rested 
on 
Entry No. 20 of List III, which deals with "Economic and Social Plan· 
ning". (79 G-H: 80 HJ 
( 2) · The Act and the Rules make very elaborate provisions regarding 
the formalities to be gone through, at every stage, by the local authority, 
the State Government and other authorities concerned in preparing and 
making final the Town Planning Scheme. At all stages, very wide pub-
licity is given to the proposals. Provision has been made for the filing 
of objections and suggestions and a duty is cast on the authorities to take 
them into account.· The procedure to be adopted by the Town Planning 
Officer in the matter of giving his decisions on the various aspects has 
been indicated in s. 32 and in the Rules made under the Act. Principles 
have also been laid down regarding the fixing of the value of the origi-
nal and the reconstituted plots., and for fixing the amount of contrib

Excerpt shown. Read the full judgment & AI analysis in Lexace.