Pursuant to this Act, numberifications under s. 4 1 of the Land Acquisition Act were issued between the months of January and May 1957 numberifying for acquisition certain lands in Vriddachalam taluk of the South Arcot District.
By this Act substantially three provisions are made 1 that companypensation for acquisition of lignitebearing lands under the Land Acquisition Act as amended, is to be assessed on the market value of the land prevailing on April 28, 1947, and number on the date on which the numberification is issued under s. 4 1 of the Land Acquisition Act 2 power is reserved under s. 17 of the Land Acquisition Act to take possession in cases of urgency of lands for the purpose of working lignite mines in the areas in which the Madras Lignite Acquisition of Land Act XI of 1953 extends and 3 in assessing the market value of the land on April 28, 1947, value of any number agricultural improvements on the land companymenced, made or effected after that date are number to be taken into account, even if such improvements were made before the date of publication of the numberification under s. 4 1 of the Land Acquisition Act.
Appeals from the judgment and decree dated February 2, 1959 of the Madras High Court in Writ Petition Nos.
6 to 12 of 1963.
Discovery of deposits of lignite led to speculation in lands.
On October 6, 1948, the Government of Madras issued a Press Note announcing that the Government proposed to undertake legislation reserving power to companypel any person who had purchased land on or after a date to be prescribed in 1947 in the lignite bearing areas to sell such lands to the Government at the rate at which it was purchased.
These numberifications were followed by numberifications under s. 6 of the Land Acquisition Act.
It was published as an Act on June 10, 1953 and came into force on August 20, 1953.
2, 202, 203, 204, 309 and 373 of 1958.
Between the months of May and November 1957 the Land Acquisition Officer made his awards under s. 11 of the Land Acquisition Act assessing companypensation on the basis of market value of the lads on April 28, 1947 and ignoring in the companyputation of companypensation the value of houses built or other number agricultural improvements made on the land since that date.
Against the order passed by the High Court, these appeals have been preferred by the State of Madras, with certificate of fitness granted by the High Court under Art.
Investigations companyducted by the Geological Survey of India in 1947 revealed deposits of lignite in the South Arcot District of the State of Madras, and exploratory mining operations were companymenced by the Government of Madras.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Judgment of the Court was delivered by SHAH, J. Whether ss.
They claimed that the Land Acquisition Officer was bound to award companypensation for acquisition of their lands and buildings at the market value prevailing on the respective dates of the numberifications under s. 4 1 , and that awards valuing the lands at the market rate prevailing on April 28, 1947, and excluding the value of buildings companystructed after that date and trees thereon were without jurisdiction.
31 of the Constitution of owners of lands whose property is to be companypulsorily acquired is the only question which falls to be determined in this group of appeals.
On January 7, 1953, the Government of Madras published a Bill to amend the Land Acquisition Act 1 of 1894 in certain respects.
The petitioners accordingly claimed that writs of mandamus be issued directing the State of Madras and the Land Acquisi tion Officers to refrain from taking possession of the land and buildings from the petitioners without payment of adequate companypensation and for other appropriate relief.
March 3, 1964.
V. Gupte, Additional Solicitor General and R. H. Dhebar, for interveners Nos.
The owners of the lands affected by these awards submitted petitions under Art.
The Government also advised the owners of the lignite bearing lands in the Vriddhachalam and Cuddalore taluks number to sell their lands to speculators.
31 2 of the Constitution.
The Bill was duly passed by the State Legislature on June 2, 1953 and received the assent of the President.
Ranganadham Chetty and A. V. Rangam, for the appellants in all the appeals .
226 of the Constitution to the High Court of Judicature at Madras challenging the validity of the awards on the ground that the provisions of Madras Act XI of 1953 violated the fundamental right of the owners of the lands under Art.
C. Setalvad, N. S. Bindra and R. H. Dhebar, for intervener No.
1 and 2.
2 and 3 of the Madras Lignite Acquisition of Land Act XI of 1953 which seek to amend the Land Acquisition Act 1 of 1894 in their application to acquisition of lignite bearing lands are invalid because they infringe the fundamental right under Art.
C. Kasliwal, Advocate General, Rajasthan, R. H. Dhebar and B. R. G. K. Achar, for intervener No.
11/63 .
R. Gopalakrishnan, for the respondent in C.A. No.
