BALAMMAL Vs. STATE OF MADRAS

JUDGEMENT

(1.) In this group of appeals arising out of land acquisition references, two questions fall to be determined:

(2.) The Legislature of the Province of Madras enacted the Madras City Improvement Trust Act 16 of 1945, to provide, inter alla, for improvement and expansion of the City of Madras by opening up congested areas. Under Sec. 8 of the Act a Board of Trustees, with power to carry out the provisions of the Act, is to be constituted. The Board is empowered by the Act to frame a scheme to be called "Town Expansion Scheme", and to notify the scheme and also to publish it in the Government Gazette. After considering the objections raised by persons affected by the scheme the Government may sanction the improvement scheme with or without modifications and announce the fact by notification. Publication of the notification is conclusive evidence that the scheme has been duly framed and sanctioned. The Board shall then proceed with the execution of the scheme. The Board is by virtue of Section 71 authorised, with the previous sanction of the Government, to acquire land under the provisions of the Land Acquisition Act, 1894, for carrying out any of the purposes of the Act. Section 72 authorises the Government to constitute a Tribunal for performing the functions of the Court in reference to the acquisition of land for the Board under the Land Acquisition Act, 1894. By Section 73 it is provided: "For the purpose of acquiring land for the Board under the Land Acquisition Act, 1894-

(3.) Madras Act 16 of 1945 was repealed and was replaced by Madras Act 37 of 1950. The scheme of the new Act remained. with some modifications, substantially the same as the scheme of the repealed Act. By Section 173 (2) it was provided that: