PRAKASH AMICHAND SHAH versus STAIE OF GUJARAT & ORS.

Citation: [1985] SUPP. 3 S.C.R. 1025 · Decided: 20-12-1985 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

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Judgment (excerpt)

1025 
PllA1ASH AMICEAND SllAll 
V• 
STAIE OF GUJARAT & ORS. 
DECEMBEF 20, 1985 
[O.CHINNAPPA REDDY, E.S. VENKATAFAMIAH, V. 
BALAKRISHNA ERADI, 
R.B. MISRA AND V. KHALID JJ.] 
Bombay Town Planning Act, 1954 Sections 32 & 53 - Whether 
the Town Planning Scheme No. VIII (Umarwada) published under the 
Act is violative of Articles 14, 19(1) (f) and 31 of the Consti-
tution of India. 
Precedents, scope, nature and authority of -
Duty of a 
Constitution Bench to consider the effect of the precedent, 
explained - The binding nature of Shantilal Mangaldas's case. 
A 
B 
·c 
Statutes - Act not providing for an appeal from some of the 
D 
decisions under a particular section while providing an appeal 
against some other decisions under the very same section -
Whether could be said to be discriminatory and unconstitutional. 
Town Planning Schemes under the Bombay Town Planning Act of 
1954 not providing for any solatium while such solatium is 
E 
available under the Land Acquisition Act -
whether for that 
reason it could be said to be discriminatory. 
Land admeasuring in all 49 acres 22 gunthas bearing Survey 
Nos. 75, 81, 83, 84 and 86 situated at Surat City in the State of 
Gujarat originally belonged to one Ladli Begum. She granted .a 
lease in respect of the said land in favour of a company called 
F 
Nawab of Belha Spinning, Weaving 
and Manufacturing Mills Ltd. 
wider 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 company which bad taken the land 
on lease executed a sub-lease in respect of 38 acres 2 gunthas 
out of tbe entire plot of land on March 29, 1881 in favour of one 
G 
Dr. Nassurwanji N. Khambata for .the residuary period of 99 years 
without the right of renewal. This sub-lease was to expire on 
October 31, 1980. Under s document dated April 30, 1928 Surat 
Parsi P8DChayat Board acquired the lease in respect of the entire 
38 acres 2 gunthas, from a lady who was the daughter of one 
llustamji who had acquired the rights of Dr. Nassurwanji N. 
Khambata· On May 24, 1937 the appellant Prakash Amichand Shah 
H 
A 
B 
c 
D 
E 
F 
G 
H 
1026 
SUPREHE COURT REPORTS 
[1985] SUPP. 3 s.c.R. 
purchased the right, title and interest of the head lessee, that 
is Nawab of Belhs Spinning, Weaving and Manufacturing Mills Ltd• 
in an auction sale held in the course of liquidation proceedings 
of the said company. The appellant thus became the head lessee of 
the entire plot of land with the rights spe<:ified in the document 
dated November 15, 1882. Surat Parsi Panchayat Board which had 
acquired the right of the sub-lessee in respect of 38 acres 2 
gunthas created sub-lease in respect of 34 acres 4 gunthas 
in Survey Nos. 75, 81 and 82 in fa~our of the Surat Municipal 
Corporation under a document dated March 30, 1963 relating the 
sub-lessee's right in the remaining land. 
The Surat Borough Municipa1ity passed a resolution 
on 
August 2, 1963 to prepare s Draft Develop111ent Plan for the entire 
ares within the municipal limits of Surat city in accordance with 
the Developnent Regulations. issued by it with the object of 
checking haphazard growth of the city. Pursuant to the said 
resolution, a notification was issued on April 3, 1965 under 
section 4 of the Land Acquisition Act, 1894 to acquire a portion 
of the entire plot of land admeasuring 34 acres 4 gunthas in 
Survey Nos. 75, 81 and 82 for the purpose of setting up an 
industrial estate by the Surat Borough Municipality, Surat which 
involved the shifting of Municipal Workshops and Central Stores. 
On 
June 
22, 
1965 
the Surat Borough Municipality made 
a 
declaration declaring its intention to prepare a Town Planning 
Scheme, being the Town Planning Scheme No. VIII of Umsrwada in 
respect of the locality called Umarwada under section 22 of the 
L.A. Act. Since the Surat Municipality could not make and publish 
the draft scheme even within the time allowed under the Bombay 
Town Planning Act, under sub-section 2 of section 23 of the Act 
the Collector of Surat was authorised by the State Government to 
make and publish the draft scheme dated July 4, 1967 the land 
admeasuring 1,37, 961 sq. metres out of the aforesaid land of 
which the appellant wu the head lessee was shown as reserved for 
the Surat Municipality. The appellant filed his objection to the 
proposed reservation pointing out therein that he himself needed 
the land for expansion of his busi

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