THE BIHARI MILLS AND ANOTHER vs THE AHMEDABAD MUNICIPALCORPORATION

The Supreme Court ruled that appeals from orders of an Arbitrator appointed under the Bombay Town Planning Act, 1915, are not maintainable before the Board of Appeal established under the Bombay Town Planning Act, 1954. The Court clarified that while the 1954 Act repealed the 1915 Act and substituted the Arbitrator with a Town Planning officer, the saving clause in Section 90 of the 1954 Act did not extend the appealability of the Arbitrator's orders to the new authority. Consequently, the appeals were dismissed as incompetent.