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october 1991

Supreme Court of India · 1991-10-01

JASWANT SINGH MATHURA SINGH AND ANR. vs AHMEDABAD MUNICIPAL CORPORATION AND ORS.

Citation / case number
SC 1977/61776
Court
Supreme Court of India
Petitioner
JASWANT SINGH MATHURA SINGH AND ANR.
Respondent
AHMEDABAD MUNICIPAL CORPORATION AND ORS.
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court held that compliance with Rules 21(3) and (4) of the Bombay Town Planning Rules, 1955 is mandatory, and failure to do so vitiates the validity of the Town Planning Scheme. The Court emphasized that tenants or sub-tenants are entitled to notice and an opportunity to be heard before any adverse action is taken regarding their possession. The Court overturned the High Court's decision, affirming that the principles of natural justice must be upheld in the context of property rights, particularly under Section 105 of the Transfer of Property Act.

JASWANT SINGH MATHURA SINGH AND ANR. vs AHMEDABAD MUNICIPAL CORPORATION AND ORS. · Niyam