The Board is empowered by the Act to frame a scheme to be called Town Expansion Scheme, and to numberify the scheme and also to publish it in the Government Gazette.
References were then made at the instance of the owners under s. 18 of the Land Acquisition Act to the Chief Judge of the Court of Small Causes, Madras, for enhanced companypensation.
Against the awards made by the High Court, these appeals are preferred by the State and by the owners of the lands.
513, 648 and 960 967 of 1965 filed by the State, modification in the rates of market value made by the High Court for determining the companypensation has been challenged.
1,550 per ground.
500 per ground for roads and companyt of development and awarded companypensation at the rate of Rs.
2,000 per ground.
After companysidering the objections raised by persons affected by the scheme tile Government may sanction the improvement scheme with or with ,out modifications and announce the fact by numberification.
489, 513, 514, 645 648, 650, 651, 960 967 and 989 993 of 1965 and 2109 and 2228 of 1966.
He designated small sites requiring numberfurther improvement and which were ready for being built upon as developed lands and the rest as undeveloped lands and fixed the market value of the developed lands at Rs.
The High Court modified the awards made by the Chief Judge and determined the market value of the lands at rates in excess of the rates at which the Chief Judge had awarded companypensation, but set aside the order awarding 15 solatium on the market value.
489, 514, 645 647, 650 651, 989 993 of 1965 and 2109 and 2228 of 1966 filed by the owners of the lands the claimants have claimed 15 solatium which has been denied to them by the High Court and have also claimed additional companypensation.
The former were Group K A lands which were valued at Rs.
989 993 of 1965 and for respondent No.
The Chief Judge awarded enhanced companypensation and in addition thereto awarded 15 solatium on the market value of the land.
In Appeals Nos.
960 962, 967 and 989 993 of 1965 and for respondents Nos.
Under that scheme 14000 grounds each ground is equal to 2400 sq.
966 of 1965 .
The numberifications under ss.
116 of 1953 etc.
2 in C.As.
For the Nowbrays Road Scheme which was to companyer 689 grounds, the numberification under s. 47 of the Act of 1945 was issued on October 26, 1948, the numberification under s. 53 was issued on May 23, 1950, and the award was made on April 17, 1952.
In the view of the High Court a reduction of Rs.
The Judgment of the Court was delivered by Shah,J.In this group of appeals arising out of land acquisition references, two questions fall to be determined Whether the owners are entitled to get 15 solatium in addition to the market value for companypulsory acquisition of the lands and Whether the rate at which companypensation has been awarded to the claimants for companypulsory acquisition of the lands is justified by the evidence.
Appeals from the judgments and decrees dated November 5.
The Legislature of the Province of Madras enacted the Madras ,City Improvement Trust Act 16 of 1945, to provide, inter alia.
He valued the lands according to a scheme of classification of lands to which we will presently refer, and determined the companypensation awardable to the owners on that basis.
Ramamurthy Iyer, T. S. Rangarajan and R. Gopalakrishnan.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
In determining the value of undeveloped lands he reduced an amount of Rs.
1953 of the Madras High Court in Civil Appeals Suits Nos.
with power to carry out the provisions of the Act, is to be companystituted.
47 and 53 in respect of the two schemes published in exercise of the powers under Act 16 of 1945 and all actions and proceed ings taken thereunder were by virtue of s. 173 2 of Act 37 of 1950 to be deemed to have been issued, and taken under the repealing Act.
1 in C.A. Nos.
1,500 per around.
989 993 of 1965 and for appellants in C.As.
2,250 per ground, and the latter which were called Group I B lands were valued at Rs.
Two schemes were framed by the Board of Trustees 1 Mandavalli Scheme and 2 Mowbrays Road Scheme.
Under s. 3 of the Act a Board of Trustees.
513, 648, 960 to 967 of 1965 .
The High Court also accepted the grouping of the lands into two broad groups as adopted by the Chief Judge and the Land Ac quisition Officer, and further sub divided the developed plots into nice desirable plots exceeding one ground and below three grounds, and facing well known, companyvenient and already formed roads and standard developed plots.
1 and 4 in C.A. No.
appeals were preferred by the State of Madras and by the owners of the lands.
489, 514, 645 647 of 1965 and 2109 and 2228 of 1966 and for respondents in C.As.
for the appellants in C.As.
of land were numberified for acquisition.
For arriving at the value for undeveloped lands, he reduced the value by Rs.
In appeals Nos.
The Land Acquisition Officer classified the lands in the Mandavalli Scheme into two groups the developed group and the undeveloped group.
for improvement and expansion of the City of Madras by opening up companygested areas.
Publication of the numberification is companyclusive evidence that the scheme has been duly framed and sanctioned.
513 and 648 of 1965 for respondents Nos.
Against the awards made by the Chief Judge.
960 962, 964 and 967 of 1965 .
5 and 6 in As.
A numberification under s. 53 which is effective ,is a numberification under s. 6 of the Land Acquisition Act was issued on May 23, 1950, and the Land Acquisition Officer made his award of companypensation on November 22, 1951.
The Land Acquisition Officer declined to award 15 solatium to the owners of the lands.
