Civil Appeal No 1224 of 1977
Appeal by special leave from the judgment and order dated the 3rd September 1976 of the Gujarat High Court in Special Civil Appln
No 1501 of 1974 84 FS Nariman Dr YS Chitale KS Nanavati CR Gandhi PH Parekh and Miss Vineeta Caprihan for the Appellant
Soli J Sorabjee GN Desai and MN Shroff for Respondent No 1 GN Desai Prashant G Desai and SC Patel for Respondent No 2 SK Dholakia and RC Bhatia for Intervener Surat Municipality
The Judgment of the Court was delivered by GUPTA J
On June 26 1965 the Surat Municipal Corporation then called Surat Borough Municipality declared its intention to make a town planning scheme under section 22 of the Bombay Town Planning Act 1954 hereinafter referred as the Act
This was Town Planning Scheme Surat No 8 Umarwada
On July 4 1967 a draft scheme was published which included among other lands an area admeasuring 137961 sq
meters of which appellant as Karta of a Hindu undivided family was the lessee
On May 10 1968 Government of Gujarat granted sanction to the draft scheme
Before the Town Planning Officer the appellant claimed compensation for deprivation of his right in the land at Rs 50 per sq
By his order made on November 4 1971 the Town Planning Officer awarded compensation to the appellant at the rate of Rs 240 p per sq
 the total compensation awarded was Rs 331455
Not satisfied with the decision of the Town Planning Officer the appellant preferred an appeal
Section 34 read with section 321 of the Act provides an appeal from the decision of the Town Planning Officer on certain specified matters to a Board of Appeal
Before the Board of Appeal the appellant reduced his claim to Rs 950 p per sq
The appellant s grievance was that the compensation awarded was inadequate and further that the apportionment of compensation between the lessor and the lessee was not proper
He also questioned the propriety of reserving such a large area of land for the scheme
The Board of Appeal held that the appeal was not maintainable as the Act did not provide an appeal from a decision of the Town Planning Officer on matters dealt with by him in his order dated November 4 1971
The appellant then challenged the order of the Board of Appeal before the Gujarat High Court by filing a writ petition in which certain provisions of the Act were also challenged as unconstitutional and it was claimed 85 that the town planning scheme was consequently invalid
The Gujarat High Court dismissed the writ petition agreeing with the Board of Appeal that the appeal was incompetent
The constitutional questions raised in the writ petition could not be decided as Emergency was then in force in the country and rights conferred by Articles 1419 and 31 of the Constitution on which the appellant s contentions were based remained suspended at the time
The High Court also relied on the decision of this Court in State of Gujarat vs Shri Shantilal Mangaldas which had upheld the validity of the Act
The appeal before us is by special leave
Mr Nariman for the appellant submitted that in case we held that the appeal preferred by his client before the Board of Appeal was maintainable he would not press the grounds questioning the constitutional validity of the Act at this stage and the matter should then go back to the Board of Appeal for a decision on the adequacy of the Compensation if however we found that the Board of Appeal was right in holding that the appeal was not maintainable he would then urge the grounds challenging the validity of the Act
The question is whether the order of the Town Planning Officer determining the amount of compensation payable to the appellant falls within any of the appealable clauses of section 321
To be able to answer the question it will be necessary to examine the various clauses of section 321 and also certain other provisions of the Act
The scheme of the Act has been analysed by this Court in State of Gujarat vs Shantilal Mangaldas supra and earlier in Maneklal Chhottalal and others vs MG Makwana and others we will not attempt another comprehensive survey of all the provisions of the Act but refer to those of them which have some bearing on the question that falls to be decided
Mr Nariman drew our notice to the decision of this Court in State of Karnataka vs Shri Ranganatha Reddy where Untwalia J speaking for the court said at page 652 of the report that in Rustom Cavasjee Cooper vs Union of India this Court apparently seeking to explain Shantilal s case had in substance overruled the decision
Even if Shantilal s case was 86 overruled that was on another point and the analysis of the scheme of the Act made in Shantilal cannot be questioned
The long title of the Act states that it is an Act to consolidate and amend the law for the making and execution of town planning schemes
The Act has been made applicable to the State of Gujarat
It is an Act providing for compulsory acquisition of land and payment of compensation for the land taken
Some of the terms and expressions defined in section 2 of the Act are relevant
Section 2 2 defines development Plan as meaning a plan for the development or redevelopment or improvement of the entire area within the jurisdiction of a local authority prepared under section 3
Section 3 requires every local authority to carry out a survey of the area within its jurisdiction and prepare and publish a development plan and submit it to the State Government for sanction
Sub section 4 of section 2 defines local authority as a municipal corporation constituted under the Bombay Provincial Municipal Corporation Act 1949 or a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act 1973
Section 2 9 defines reconstituted plot as a plot which is in any way altered by the making of a town planning scheme
Chapter III of the Act provides for the making of town planning schemes
Sub section 2 of section 18 which occurs in this chapter states that a town planning scheme may make provisions for any of the matters specified in clauses a to k of the sub section
These matters include laying out of land reclamation of unhealthy areas laying out new streets of roads construction and removal of buildings bridges and other structures providing for drainage lighting and water supply allotment or reservation of land for roads open spaces schools markets and public purposes of all kinds
Clause 1 says that apart from the matters specified the town planning scheme may provide for such other matter not inconsistent with the objects of this Act as may be prescribed
Chapter IV which contains section 21 to section 30 bears the heading Declaration of Intention to Make a Scheme and Making of a Draft Scheme
Under section 22 a local authority may by resolution declare its intention to make a town planning scheme and is required to publish the scheme in the prescribed manner and despatch a copy thereof to the State Government
Section 23 1 provides that following the declaration of intention to make a scheme the local authority shall make a draft scheme for the area 87 in respect of which the declaration has been made and publish it in the prescribed manner
Section 25 mentions the particulars that a draft scheme shall contain they include among other things the area ownership and tenure of each original plot the extent to which it is proposed to alter the boundaries of original plots and an estimate of the nett cost of the scheme to be borne by the local authority
Sub section 1 of section 26 says that in the draft scheme the size and shape of every reconstituted plot shall be determined as far as possible to render it suitable for building purposes and where the plot is already built upon to ensure that the building complies with the provisions of the scheme as regards open spaces
For the purpose of sub section 1 the draft scheme may contain proposals which are enumerated in clauses a to e of sub section 2 of the section
We may here refer to clauses a b and d a to form a reconstituted plot by the alteration of the boundaries of an original plot b to form a reconstituted plot by the transfer wholly or partly of the adjoining lands c   d to allot a plot to any owner dispossessed of land in furtherance of the scheme
e  
Under section 27 within one month from the date of publication of the draft scheme any person affected by such scheme may communicate in writing to the local authority any objection relating to such scheme which the local authority has to consider
Section 28 1 requires the local authority to submit the draft scheme together with the objections to the State Government and at the same time apply for its sanction
Under sub section 2 the State Government may within six months from the date of the submission of the draft scheme either sanction such scheme with or without modifications and subject to such conditions as it may think fit to impose or refuse to give sanction
Chapter V which includes section 31 to section 43 provides for the appointment of the Town Planning Officer and constitution of the Board of Appeal
Within one month from the date on which the sanction of the State Government to the draft scheme is 88 published the State Government is required under section 31 1 to appoint a Town Planning Officer
The duties of the Town Planning Officer are enumerated in section 32 1
The provisions of sections 32 33 and 34 have a direct bearing on the question of appealability of the Town Planning Officer s decision but we think it would be more helpful for appreciating the contentions raised on behalf of the appellant if we referred to certain other provisions of the Act before turning to the aforesaid section in Chapter V
We need only mention here that drawing up the final scheme in accordance with the draft scheme is one of the duties of the Town Planning Officer who is required to forward the final scheme to the State Government for sanction
In Chapter VI section 53 is the only relevant provision
Section 53 lays down On the day on which the final scheme comes into force a all lands required by the local authority shall unless it is otherwise determined in such scheme vest absolutely in the local authority free from all encumbrances b all rights in the original plots which have been reconstituted shall determine and the reconstituted plots shall become subject to the rights settled by the Town Planning Officer
Chapter VIII deals with Finance
It contains inter alia provisions specifying the principles on which compensation for the land taken is to be determined
This chapter includes section 64 to section 78
Section 64 1 enumerates in clauses a to f the sums payable or spent and the expenses incurred by the local authority which are to be included in the costs of a town planning scheme
Clause d mentions the sums payable as compensation for land reserved or designated for any public purpose or purposes of the local authority
Clause f of section 64 1 reads as follows any amount by which the total of the values of the original plots exceeds the total of the values of the plots included in the final scheme each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme with all the buildings and works thereon at that date and without references to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries
 89 Sub section 2 of section 64 provides if in any case the total of the values of the plots included in the final scheme exceeds the total of the values of the original plots each of such plots being estimated in the manner provided in clause f of sub section 1 then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub section 1
 Section 65 explains the meaning of increment for the purposes of the Act as follows For the purposes of this Act the increments shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme the market value of a plot included in the final scheme estimated on the assumption that the scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the scheme Provided that in estimating such values the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration
 Section 66 1 states that the costs of the scheme shall be met wholly or in part by a contribution to be levied by the local authority on each plot in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Town Planning Officer
Under sub section 2 of section 66 the owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot
Under section 67 the amount by which the total value of the plots in the final scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from or added to as the case may be the contributions leviable from such person each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries
As Shah J speaking for the Court in State of Gujarat vs Shantilal Mangaldas and others observed Section 67 is intended to make adjustments between the right to compensation for loss of 90 land suffered by the owner and the liability to make contribution to the finances of the scheme
Section 69 deals with the compensation payable in respect of any property or right which is injuriously affected by the making of a town planning scheme
The section says The owner of any property or right which is injuriously affected by the making of a town planning scheme shall if he makes a claim before the Town Planning Officer within the prescribed time be entitled to obtain compensation in respect thereof from the local authority or from any person benefited or partly from the local authority and partly from such person as the Town Planning Officer may in each case determine
Provided that the value of such property or right shall be held to be its market value at the date of the declaration of intention to make a scheme or the date of a notification under sub section 1 of section 24 without reference to improvements contemplated in the scheme
Section 71 deals with the case of an owner of land who is not given a plot in the final scheme and also provides for a case where the amount payable to an owner exceeds the amount due from him
Section 71 is as follows If the owner of an original plot is not provided with a plot in the final scheme or if the contribution to be levied from him under section 66 is less than the total amount to be deducted therefrom under any of the provisions of this Act the net amount of his loss shall be payable to him by the local authority in cash or in such other way as may be agreed upon by the parties
The appellant in the present case was not provided with a plot in the final scheme
Section 87 in Chapter IX empowers the State Government to make rules consistent with the provisions of the Act to provide for all matters not specifically indicated therein
The effect of the final scheme coming into force has been summarized by Shah J in Shantilal s case we may quote here the following extract from page 349 of the report On the coming into force of the scheme all lands which are required by the local authority unless otherwise 91 determined in the scheme by the operation of section 53 a vest absolutely therein free from all encumbrances
The result is that there is a complete shuffling up of plots of land roads means of communication and rearrangement thereof
The original plots are re constituted their shapes are altered portions out of plots are separated lands belonging to two or more owners are combined into a single plot new roads are laid out old roads are diverted or closed up and lands originally belonging to private owners are used for public purposes ie for providing open spaces green belts dairies etc
In this process the whole or parts of a land of one person may go to make a reconstituted plot and the plot so reconstructed may be allotted to another person and the lands needed for public purposes may be earmarked for those purposes
The re arrangement of titles in the various plots and reservation of lands for public purposes require financial adjustments to be made
The owner who is deprived of his land has to be compensated and the owner who obtains a re constituted plot in surroundings which are conducive to better sanitary living conditions has to contribute towards the expenses of the scheme
This is because on the making of a town planning scheme the value of the plot rises and a part of the benefit which arises out of the unearned rise in prices is directed to be contributed towards financing of the scheme which enables the residents in that area to more amenities better facilities and healthier living conditions
Under the Act the compensation payable to an owner for loss of land has to be determined on the basis of the market value of the land at the date on which the declaration of intention to make a scheme was made
On the question whether the Act specifies a principle of compensation it is observed in Shantilal s case at page 357 of the report It is true that under the Act the market value of the land at the date of declaration of intention to make a scheme determines the amount to be adjusted and that is the guiding rule in respect of all lands covered by the scheme
The High Court was in our judgment right in holding that enactment of a rule determining payment or adjustment of price of land of which the owner was deprived by the 92 scheme estimated on the market value on the date of declaration of the intention to make a scheme amounted to specification of a principle of compensation within the meaning of Art 31 2
Specification of principles means laying down general guiding rules applicable to all persons or transactions governed thereby
Under the Land Acquisition Act compensation is determined on the basis of market value of the land on the date of the notification under s4 1 of that Act
That is a specification of principle
Compensation determined on the basis of market value prevailing on a date anterior to the date of extinction of interest is still determined on a principle specified
Whether an owner of land is given a reconstituted plot or not the rule for determining what is to be given as recompense remains the same
It is a principle applicable to all cases in which by virtue of the operation of the Town Planning Act a person is deprived of his land whether in whole or in part
We may now turn to sections 32 33 and 34 occurring in chapter V
It may be recalled that the appellant s land was taken for purposes of the scheme but he was not given a reconstituted plot
Section 32 1 which enumerates the duties of the Town Planning Officer is set out below 32 1 In accordance with the prescribed procedure the Town Planning Officer shall i after notice given by him in the prescribed manner define and demarcate the areas allotted to or reserved for a public purpose or purpose of the local authority and the reconstituted plots ii after notice given by him in the prescribed manner determine in the case in which a reconstituted plot is to be allotted to persons in ownership in common the shares of such persons iiifix the difference between the total of values of the original plots and the total of the values of the plots included in the final scheme in accordance with the provisions contained in clause f of sub section 1 of section 64 93 iv determine whether the areas used allotted or reserved for a public purpose of the local authority are beneficial wholly or partly to the owners or residents within the area of the scheme v 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 partly to the owners or residents within the area of the scheme and partly to the general public which shall be included in the costs of the scheme vi calculate the contribution to be levied on each plot used allotted or reserved for a public purpose or purpose of the local authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public viidetermine the amount of exemption if any from the payment of the contribution that may be granted in respect of plots exclusively occupied for the religious or charitable purposes viiiestimate the increment to accrue in respect of each plot included in the final scheme in accordance with the provisions contained in section 65 ix 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 in accordance with the provisions contained in section 66 x calculate the contribution to be levied on each plot included in the final scheme xi determine the amount to be deducted from or added to as the case may be the contribution leviable from a person in accordance with the provisions contained in section 67 xiiprovide 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 plot in accordance with the provisions contained in section 68 94 xiiiestimate in reference to claims made before him after the notice given by him in the prescribed manner the compensation to be paid to the owner of any property or right injuriously affected by the making of a town planning scheme in accordance with the provisions contained in section 69 xivdraw in the prescribed form the final scheme in accordance with the draft scheme There is a proviso to section 32 1 which is not relevant for the purpose of this appeal
Section 33 says Except in matters arising out of clauses v vi vii ix x and xiii of sub section 1 of section 32 every decision of the Town Planning Officer shall be final and conclusive and binding on all persons Section 34 provides an appeal to a Board of Appeal from any decision of the Town Planning Officer under clauses v vi viii ix x and xiii
Thus the decision of the Town Planning Officer is final and conclusive in all matters referred to in the various clauses of section 32 1 except those mentioned in v vi viii ix x and xiii
It was claimed on behalf of the appellant that the Town Planning Officer s decision in the appellant s case was appealable either under clause viii or clause xiii of section 32 1
The Town Planning Officer has a duty under clause viii to calculate the increment to accrue in respect of each plot included in the final scheme which we will refer to hereinafter as the final plot for brevity s sake in accordance with the provisions of section 65
Under section 65 increment means the amount by which at the date of the declaration of the intention to make a scheme the market value of a final plot calculated on the basis as if the improvements contemplated in the scheme had stood completed on that date exceeds the market value of the same plot when taken into account without the improvements
The increment is thus the difference in the market value of the same final plot with the improvements and without the improvements on the aforesaid date
The value of the original plot does not arise for consideration under clause viii
Rule 17 of the Bombay Town Planning Rules 1955 sets out the particulars that a draft scheme shall contain in addition to the particulars specified in 95 section 25 of the Act
Clause v of rule 17 mentions a redistribution and valuation statement in Form B  showing the estimated amounts to be paid to or by each of the owners included in the scheme
Form B makes it clear that the increment is the difference in value of the same final plot in its developed and undeveloped conditions Form B keeps the valuation of the original plot distinct from that of the final plot
The appellant s case therefore cannot fall under clause viii
Does the case fall under clause xiii Under clause xiii the Town Planning Officer is required to estimate the compensation to be paid to the owner of any property or right injuriously affected by the making of a town planning scheme in accordance with the provisions of section 69
Section 69 states that the owner of any property or right which is injuriously affected by the making of a town planning scheme shall be entitled to obtain compensation from the local authority or from any person benefited or partly from the local authority and partly from such person as the Town Planning Officer may in each case determine
It seems obvious that the property or right which is injuriously affected by the making of a town planning scheme is a property or right other than that acquired for the purposes of the scheme
The property or right affected remains with the owner who is entitled to compensation for such injurious affection
When under the Act a plot of land is taken for the purposes of a town planning scheme it cannot be suggested that land itself is injuriously affected such a view is unsupportable both as a matter of language and having regard to the scheme of the Act
On behalf of the appellant it was urged that clause xiii would cover the case of the appellant if only we read a few words in that clause and that we should do so to avoid injustice being done to the appellant and the owners of land similarly situated
That we are afraid is not possible
We find no compelling reason for restructuring that clause and taking acquisition of land to mean injurious affection  of the land acquired would be inconsistent with the entire scheme of the Act
We may refer to clause fourthly  of section 23 1 of the land Acquisition Act 1894 which requires the court to take into consideration in determining the amount of compensation to be awarded for land acquired under that Act the damage sustained by the person interested by reason of the acquisition injuriously affecting his other property
The expression person interested as defined in section 3 of the Land Acquisition Act means all persons claiming an interest in compensation to be made on account of the acquisition of land under that Act
It is made clear in clause 96 fourthly  that the damage is for injurious affection of some property other than the land acquired
The sense in which the expression injurious affection  is used in section 23 1 of the Land Acquisition Act is the generally accepted meaning of that expression and we find nothing in the Act concerned in this case that suggests that it should be construed differently
It was then argued that if neither clause viii nor clause xiii was applicable then there was no clause in section 32 1 of the Act that covers the appellant s case
The contention is not correct
The owner of an original plot who is not provided with a plot in the final scheme gets his right to compensation from section 71 of the Act which says that the net amount of loss shall be payable to him by the local authority in cash or in such other way as may be agreed upon by the parties
The principle for determining the compensation is the same whether an owner of land is given a reconstituted plot or not compensation is payable on the basis of the market value of the plot at the date of declaration of the intention to make a scheme
In the appellant s case it would be the value of the original plot and not the final plot
In determining the difference between the total of the values of the original plots and the total of the values of the plots included in the final scheme the Town Planning Officer under section 32 1 iii has to find out the market value of each of the original plots at the date of the declaration of intention to make a scheme as provided in section 64 1 f
Thus the Act contains the necessary provisions for estimating the compensation payable to an owner of land who has not been given a reconstituted plot
We therefore hold that the High Court was right in finding that the decision of the Town Planning Officer determining the amount of compensation in the appellant s case was not appealable
In the view we take Mr Nariman should be allowed to urge the grounds concerning the constitutional validity of the Act
This case may now be placed before a Constitution Bench for hearing
An application has been filed on behalf of the appellant for leave to urge additional grounds this application may also be considered by the Constitution Bench that will hear this appeal
PBR Appeal dismissed


Summary:
The Bombay Town Planning Act 1954 which was made applicable to the State of Gujarat provides for the compulsory acquisition of land and payment of compensation for the land so acquired for the development or re development or improvement of the entire area within the jurisdiction of a local authority such as a municipal corporation or a municipality
The Town Planning Scheme prepared under the Act may make provision for laying out new streets or roads allotment or reservation of land for roads open spaces and such other matters not inconsistent with the objects of the Act
Before proceeding to acquire any land for town planning purposes a local authority by resolution must declare its intention to make a town planning scheme and publish it in the manner prescribed
The draft scheme may contain proposals such as to form a re constituted plot by the alteration of the boundaries of an original plot to form a reconstituted plot by the transfer wholly or partly of the adjoining land to allot a plot to any owner dispossessed of a land in furtherance of the scheme
Any person affected by the scheme may communicate to the local authority concerned any objection relating to such scheme
The scheme is then forwarded to the State Government for the requisite sanction
The scheme of the Act envisages the appointment of a Town Planning Officer and constitution of a Board of Appeal
It is the duty of the Town Planning Officer to draw up a final scheme in accordance with the draft scheme
When the final scheme comes into force all lands required by the local authority shall vest absolutely in that authority free from all encumbrances and all rights in the original plots which have been reconstituted shall determine and the reconstituted plots shall become subject to the rights settled by the Town Planning Officer
Section 64 1 enumerates the sums payable or spent and the expenses incurred by the local authority which are to be included in the costs of a town planning scheme
Under section 65 increment means the amount by which at the date of the declaration of intention to make a scheme the market value of a final plot calculated on the basis as if the improvement contemplated in the scheme had stood completed on that date
Provision is made in section 67 to make adjust 82 ment between the rights to compensation for loss of land suffered by the owner and the liability to make contribution to the finance of the scheme
Compensation payable to any owner for loss of lands has to be determined on the basis of the market value of the land at the date on which the declaration of intention to make a scheme was made
Section 69 contemplates that the owner of any property or right which is injuriously affected by the making of a town planning scheme shall be entitled to obtain compensation from the local authority or from any person bona fide or partly from such person as the Town Planning Officer may in each case determine
Section 32 enumerates duties of the Town Planning Officer and section 33 provides that except in matters arising out of clauses v vi vii ix x and xiii of section 32 1 every decision of the Town Planning Officer shall be final and conclusive and binding on all persons
An appeal from the decision of the Town Planning Officer under the six clauses mentioned in section 33 lies to the Board of Appeal
The Surat Municipal Corporation declared its intention to make a town planning scheme under section 22 of the Bombay Town Planning Act 1954
The draft scheme published included an area of 137 lac square meters of which the appellant was the lessee
Dissatisfied with the compensation awarded to him by the Town Planning Officer the apportionment of the compensation between the lessor and lessee and the propriety of reserving such a large area of land for the scheme the appellant preferred an appeal under section 34 read with section 32 1 of the Act to the Board of Appeal
The Board rejected the appeal as being not maintainable on the ground that the Act did not provide an appeal from a decision of the Town Planning Officer on matters dealt with by him in the impugned order
Agreeing with the Board of Appeal the High Court dismissed the appellant s writ petition
In the appeal to this court it was contended on behalf of the appellant that the Town Planning Officer s decision was appealable under clause viii or clause xiii of section 321 because he has a duty to calculate the increment to accrue in respect of each plot included in the final scheme in accordance with the provision of section 65
Dismissing the appeal  HELD The High Court was right in holding that the decision of the Town Planning Officer determining the amount of compensation in the appellant s case was not appealable
96 F The decision of the Town Planning Officer is final and conclusive in all matters referred to in the various clauses of section 32 1 except those mentioned in clauses v vii viii ix x and xiii
94 E The increment referred to in section 65 is the difference in the market value of the same final plot with the improvements and without the improvements on 83 the date of the declaration of intention to make a scheme
The value of the original plot does not arise for consideration under clause viii
Form B referred to in clause v of rule 17 of the Bombay Town Planning Rules 1955 makes it clear that the increment is the difference in value of the same final plot in its developed and undeveloped condition
This form keeps the valuation of the original plot distinct from that of the final plot
The appellant s case cannot fall under clause viii of section 32
94 G 99 B What is contemplated by section 69 is that the property or right which is injuriously affected by the making of a town planning scheme is a property or right other than that acquired for the purposes of the scheme
The property or right affected remains with the owner who is entitled to compensation for such injurious affection
When under the Act a plot of land is taken for the purposes of a town planning scheme it cannot be said that land itself is injuriously affected
95 C E There is no compelling reason for restructuring clause xiii suggested by the appellant
Taking acquisition of land to mean injurious affection of the land acquired would be inconsistent with the entire scheme of the Act
95 F In determining the amount of compensation awarded for land acquired under the Land Acquisition Act that Act requires the Court to take into consideration the damage sustained by the person interested by reason of the acquisition injuriously affecting his other property
 A person interested means a person claiming an interest in compensation to be made on account of the acquisition of land under the Land Acquisition Act and the damage is for injurious affection of some property other than the land acquired
There is nothing in the Act to suggest that the generally accepted meaning of the expressions injurious affection used in the Land Acquisition Act should be construed differently in this Act
95 G 96 B The owner of an original plot who is not provided with a plot in the final scheme gets his right to compensation from section 71
The principle for determining the compensation is the same whether an owner of land is given a reconstituted plot or not
Compensation is payable on the basis of the market value of the plot at the date of declaration of the intention to make a scheme
In the appellant s case it would be the value of the original plot and not the final plot
In determining the difference under section 32 1 iii the Town Planning Officer has to find out the market value of each of the original plots at the date of the declaration of intention to make a scheme
The Act contains necessary provisions for estimating the compensation payable to an owner of land who has not been given a reconstituted plot
96 C E