SUSEELA AMMAL, LEGAL REPRESENTATIVE OF A. SIVASANKARA MUDALIAR Vs. THE CORPORATION OF MADRAS BY ITS COMMISSIONER

JUDGEMENT

(1.) This is a petition under Sec. 115 of the Code of Civil procedure to revise the order of the Chief Judge of the Court of Small Causes, Madras, functioning as the Appellate Authority, dated 12th November, 1971, made in T.P.A. No. 2 of 1970. Admittedly the petitioner herein is the owner of a plot of land covered by the Mylapore -Teynampet Area Town Planning Scheme. The scheme was published under Sec. 12 of the Madras Town Planning Act, 1920 (Madras Act VII of 1920) (hereinafter referred to as the Act) on 19th November, 1958. The respondent Municipal Corporation preferred a claim for betterment contribution, before the Arbitrator under Sec. 27 (1) of the Act. The petitioner contend d that, though the land in question had increased in value, that increase was not due to the making of the Town Planning Scheme and that consequently the respondent Corporation was not entitled to levy betterment contribution in respect of the land of the petitioner. The Arbitrator who disposed of the matter came to the conclusion that, though the land had increased in value, still that increase was not due to the making of the Town Planning Scheme.

(2.) I am clearly of the opinion that the Appellate Authority, namely, the Chief Judge of the Court of Small Causes, has thoroughly misunderstood the scope of the decision of the Full Bench of this Court referred to above. For the purpose of understanding this, it is necessary to refer to a few provisions of the Act. Sec. 23 of the Act states:

(3.) The statutory provisions make it clear that the Corporation will be entitled to levy betterment contribution only if it is established that the value of the property included in the scheme has increased or is likely to increase by the making of the scheme. If that fact is established, then the Corporation acquires a right to levy betterment contribution. How that contribution should be worked out is provided in Sec. 24. Therefore for the purpose of giving effect to the right of the Corporation to levy betterment contribution, the following questions have to be determined and the rights enforced: