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TMI Blog1967 (3) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... n Planning Scheme, No. 19 (Memnagar), Ahmedabad. The circumstances under which the petitioners have come to this Court may be briefly indicated. The petitioners, who are stated to be members of a Hindu Undivided Family, owned certain extent of lands in two areas viz., Usmanpur Section and Wadej Section. In the former, they claim to have owned lands bearing survey numbers 41/1, 41/2 , 42, 51/1, 51/2 and 43, referred to as plot nos. 22 and 22-A, measuring 56,164 sq. yds. In Wadej Section, again, they owned 14,520 sq. yds, in survey nos. 106, 3/1, 106/4, referred to as plot no.195. Both these Sections are within the jurisdiction of the second respondent herein, the Ahmedabad Municipal Corporation. The second respondent, by resolution No. 475, dated August 20, 1959, declared its intention to make a Town Planning Scheme No. 19 (Memnagar), under s. 22(1) of the Act, in respect of certain areas of land, which included the above- mentioned lands of the petitioners. The said declaration was published in the Bombay Government Gazette, dated September 3, 1959. A notification was issued on November 16, 1959, stating that the second respondent was preparing a Draft Town Planning Scheme, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e second respondent, later. In the Draft Scheme prepared by the second respondent, and sanctioned by the State of Gujarat, the petitioners' lands, survey nos. 41/1, 41/2, 5111, 51/2 (being plot no. 22) and survey no. 43 (being plot no. 22A) were shown as item no. 18, and lands, survey nos. 106, 3/1 and 106/4 (plot no. 195) were shown as item no. 163. The Town Planning Officer issued notices in April and June 1962, to the petitioners. In the first notice, it was mentioned that the petitioners were being allotted new plots, nos. 32, 34 and 43, measuring 19,087 sq. yds as against plots nos. 22 and 22-A, measuring 56,164 sq. yds. It was also stated that the value of the original plots nos. 22 and 22-A, was ₹ 37,556/-and of the new plots nos. 32, 34 and 43, was ₹ 14,315/-and that, in consequence, the petitioners were entitled to apayment of compensation, under s. 67, in the sum of ₹ 23,241/-. The notice further stated that the value of plots nos. 32, 34 and 43, after taking into account the improvements in the Scheme, was ₹ 1,35,590/-, and, after deducting the price of those plots, without reference to the improvements, viz., ₹ 14,315/-, the increase, u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mprovement in respect of the final plots allotted as per s. 65, was stated to be ₹ 65,344/-. In consequence, the share of contribution, under S. 66, payable by the petitioners at the rate of 50%, was fixed in the sum of ₹ 32,672/-. Adjusting the sum of ₹ 4,622/-. being the compensation payable to the petitioners, their net liability, as contribution, was fixed in the sum of ₹ 28,050/-. The final position, under these two notices, was that the petitioners were getting land of an extent of 35,558 sq. vds., as against the original extent of land of 70,1 80 sq. yds., and they had to pay a sum of ₹ 73,867,/- as contribution. The petitioners preferred appeals to the Board of Appeal, under s. 34 of the Act. The Board of Appeal reduced the increased value of the final plots by giving a general reduction of 60 paise per square yard. As a result of the appeal, the petitioners had still to pay a contribution of a sum of ₹ 63,199/-, apart from losing 34,622 sq. yds., of land. The Town Planning Officer made consequential changes in his original award, incorporating the decision of the Board and forwarded the final Scheme to the State Government for its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rules framed thereunder, counsel pointed out that elaborate provisions have been made as to how the local authorities, in framing the Scheme, had to function. as also how the Town Planning Officer, who works the Scheme, has to act. Opportunity had been provided, at every stage, right from the beginning to the end, counsel points out, to owners of property, like the petitioners, to place their objections and suggestions. The petitioners also had taken advantage of those provisions and had been heard and their objections considered. All the important decisions of the Town Planning Officer are made the subject of appeals to a Board of Appeal, of which the President is an- experienced judicial officer of the status of a District Judge. Principles had also been laid down by the Act regarding the fixing of valuation of the original plots and the -reconstituted plots and for fixing the amount of contribution payable by parties. Payment of contribution was to be in easy instalments. None of the fundamental rights of the petitioners, according to Mr. Banajee, bad been affected. These contentions of the State have been supported by Mr. Purshottam Tricumdas, learned counsel appearing for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prepare and publish, in the prescribed manner, a development plan, in the circumstances mentioned therein. Section 4 provides for the local authority making a declaration of its intention to prepare a development plan, before carrying out a survey for the purpose of preparing the said plan, and a copy of the said declaration is to be sent to the State Government for publication in the Gazette. It also .provides for the declaration being published in the prescribed manner and for inviting suggestions from the public within two months of the date of publication. A copy of the development plan is to be sent to the State Government and another copy is to be made available, by the local authority, for inspection by the public. Under s. 7, the development plan has to indicate the manner in which the development and improvement of the area is to be carried out and regulated, and it shall contain the proposals mentioned in clauses (a) to (e). The particulars referred to in s. 8 have to be published and submitted to the State Government, along with the development plan. Section 9 provides for the local authority considering any suggestions that may be made to such development plan, by any m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its intention to make a town planning scheme by resolution. The local authority is to publish its declaration, within the time mentioned therein; and it is also bound to despatch a copy thereof to the State Government, along with a plan showing the area which it proposes to include in the. scheme. Sub-s. (4) of s. 22 provides for a copy of the plan being made available to the public for inspection. Section 23 provides for the local authority, in consultation with the Consulting Surveyor, to make a draft scheme within twelve months of its declaration of intention and publish the same in the prescribed manner. Section 24 gives power to the State Government, in the circumstances mentioned therein, to require a local authority to make and publish a draft scheme and send it to the Government for approval. Section 25 specifies the various particulars which a draft scheme should contain Section 26 provides that in the draft scheme, the size and shape of every reconstituted plot is to be determined in such a manner as to make it suitable for building purposes. If the plot is already built upon, it provides that the reconstitution is to ensure that the building, as far as possible, complies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d procedure, and decide the various matters mentioned in cls. (i) to (xiv) of S. 32 (1 ). Among other matters, the Town Planning Officer has to fix the difference between the total values of the original plots and the total of the values of the plots included in the final scheme; estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purpose of the local authority which is beneficial to the owners and residents within the area of the scheme and partly to the general public and which are to be included in the cost of the scheme estimate the increment to accrue in respect of each plot included in the final scheme; calculate the proportion in which the increment of the plots included in the final scheme shall be liable to contribution to the costs of the scheme; calculate the contribution to be levied on each plot included in the final scheme; determine the amount to be deducted from, or added to, as the case may be, in the contribution leviable from a person and provide for the total or partial transfer of any right in an original plot to a reconstituted plot or provide for the extinction of any right in an original pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluded in the costs of a town planning scheme. The difference between the total values of the original plots and the total values of the plots included in the final scheme, which is to be fixed under s. 32(1)(iii) by the Town Planning Officer, is to be arrived at in the manner provided in S. 64 (1) (f ) . Broadly, the estimate that is to be made of the value of the original plots and the value of the plots included in the final scheme, is to be on the market value at the date of the declaration of intention to make a scheme, without reference to improvements contem- plated in the scheme. The estimate of the increment that accrued in respect of each plot included in the final scheme and which is to be fixed by the Town Planning Officer, under S. 32(1) (viii), is again to be done in accordance with the provisions of s. 65. Here again, it will be seen that the estimate that is to be made is the market value of a plot included in the final scheme, as on the date of the declaration of intention to make a scheme, on the assumption that the scheme has been completed and the market value of the said plot on the same date, without reference to the improvements contemplated in the scheme, ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k, has been framed without previously complying with the provisions of Chapters 11 and III of the Act and, therefore, the entire proceedings are illegal and void. But this contention, in our opinion, has not been, rightly, pursued further, in view of the retrospective nature of the Amending Act. No doubt, according to the petitioners, the Act as well as the Amending Act, are both void because the Legislature had no competency to enact these statutes. That is a different aspect, which will be dealt with by us presently. Under s. 87 of the Act, the State Government has framed rules on November 15, 1955, called the Bombay Town Planning Rules, 1955, hereinafter called the Rules. It is only necessary to run through some of the material provisions of these rules. Rule 3 relates to the publication of the declaration, under s. 4. Rule 4 deals with the publication of the development plan. Rule 12 relates to publication of the -declaration under s. 22. Rule 13 deals with the meeting of owners of land and formulating of tentative proposals. Rule 14 deals with the publication of draft schemes under s. 23. Rule 17 enumerates the various particulars to be incorporated in a draft scheme, apart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legislation in regard to land. As pointed out by this Court in Sri Ram Narain Medhi v. The State of Bombay([1959] Supp, 1 S.C.R. 489,496). It is well-settled that these heads of legislation should not be construed in a narrow and pedantic sense but should be given a large and liberal interpretation . Further, in Navinchandra Mafatatlal v. The Commissioner of Income-tax, Bombay City([1955] 1 S.C.R. 829,836), this Court expressed the rule of interpretation, as follows :- The cardinal rule of interpretation, however, is that words should be read in their ordinary, natural and grammatical meaning subject to this rider, that in construing words in a constitutional enactment conferring legislative power the most liberal construction should be put upon the words so that the same may have effect in their widest amplitude. In construing Entry No. 18, of List III, this Court, in Atma Ram v. The State of Punjab(1), adopted the interpretation placed by the Judicial Committee of the Privy Council in Megh Rai v. Allah Rakhia(2), while construing Item 21 of List II (Provincial List) of the Seventh Schedule to the Government of India Act, 1935, which was more or less substantially ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of communication routes all result in human activities being carried on more efficiently and less wastefully, and thus increase wealth; In Corpus Juris Secundum, Vol. 70, the word planning is stated to mean: In connection with municipalities, the term connotes a systematic development contrived to promote the common interest in matters embraced within the police power, with particular reference to the location, character, and extent of streets, squares, parks, and to kindred mapping and charting. In Encyclopedia Britannica, Vol. 5, p. 815 City Planning is stated to mean : the guidance of the growth and change of urban areas. As such, it is aimed at fulfilling social and economic objectives which go beyond the physical form and arrangement of buildings, streets, parks, utilities and other parts of the urban environment. City planning takes effect largely through the operations of government and requires the application of specialized techniques of survey, analysis, forecasting and design. Thus city planning may be described as a social movement, as a governmental function, or as a technical pro- fession. Each aspect has its own concepts, history and theori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9(1)(f). The principles to be borne in mind in applying Arts. 14 and 19, of the Constitution are now well settled. A fundamental right to acquire, hold and dispose of property, can be controlled by the State only by making a law imposing, in the interest of the general public, reasonable restrictions on the exercise of the said right. Such restrictions on the exercise of a fundamental right shall not be arbitrary, or excessive, or beyond what a required in the interest of the general public. The reasonableness of a restriction shall be tested both from substantive and procedural aspects. If an uncontrolled or unguided power is conferred, without any reasonable and proper standards or limits being laid down in the enactment, the statute may be challenged as discriminatory. Bearing these principles in mind, the question is whether the grievance of the petitioners in this regard, is well-founded. No doubt. it is seen that the petitioners, as stated earlier, have been allotted, under the Scheme, a smaller extent of land and they have also been directed to pay certain amounts as their share of contribution. But, having due regard to the scheme of the Act and the object sought to be achi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ters under 32(1). No doubt, every decision given by the Town Planning Officer, under s. 32, is not appealable; but the important decisions that are to be given by him, for instance, under cls. (v),(vi), (viii), (ix), (x) and (xiii), are appealable under s. 34 to a Board of Appeal, which is presided over by a Judicial Officer of the stand- ing of a District Judge. The procedure to be adopted by that Board is also clearly indicated in the rules. It is, after all-these matters are gone through, that ultimately, the State Government sanctions the final Scheme. Therefore, having due regard to the substantive and proce- dural aspects, we are satisfied that the Act imposes only reasonable restrictions, in which case, it is saved under Art. 19(5) of the Constitution. The considerations referred to above will also ,.how that the grievance of the petitioners that Art. 14 is violated, is also not acceptable. The petitioners, no doubt, urge that a very exhorbitant price is being fixed by the Town Planning Officer regarding the value of the reconstituted plots allotted to them. Those are matters of detail, and they are covered by the provisions of the Act referred to above. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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