STATE OF MADRAS Vs. BALAJI CHETTIAR

JUDGEMENT

(1.) THESE are sixty five appeals and four memoranda of cross-objections, and relate to two big Land Acquisitions resulting in the two batches of appeals and memoranda of cross objections. The first big land acquisition is what can be shortly called the Mandavalli scheme, for building houses by the Madras City improvement Trust. This covers an area of 1400 grounds of land bounded on the east by the South Beach Road, on the west by Broadies Road, on the north by mandavalli street and the Mada Church Road, and on the south by the Adyar river backwaters. The properties acquired are mostly vacant lands, but in some of the cases there were also structures, like houses and compound walls, and in some also wells for which compensation was claimed and awarded. The date of the notification under section 47 of the City Improvement Trust Act of 1945. which was held by the Land acquisition Officer to be the relevant date for determining the market valuation of the lands, as under Section 4 (1) of the Land Acquisition Act, was 24-8-1948. Section 53 notification, corresponding to Section 6 notification under the Land acquisition Act, was published on 23-5-1950. The award itself was passed on 2211-1951. Possession was taken thereafter.

(2.) THE Land Acquisition Officer divided the lauds into two groups "the developed group" and "the undeveloped group". The "developed" group, called group I, by him, comprised the lands which had already amenities, or which were in the immediate vicinity of amenities like water, underground drainage, electricity etc. , and were small plots which could be easily built on. They were also level. The "undeveloped" group, called group II by him, consisted of bigger plots not having the amenities, and not in the immediate vicinity of the amenities. The Land acquisition officer valued the group I lands at Rs. 1550 per ground, and the group ii lands st Rs. 1050 per ground. He gave only Rs. 650 per ground for 2 grounds and odd in A. S. No. 297 of 1953. He did not also award the 15 per cent solatium for compulsory acquisition. The claimants took out references under Section 18.

(3.) THE learned Judge, after considering the relevant sale deeds exhaustively, gave rs. 2,000 per ground for group I lands, and Rs. 1500 per ground for group II lands. He has added in the judgment that all the parties agreed to the grouping and the gradation. He gave also the 15 per cent solatium for compulsory acquisition under Section 23 (2) of the Land Acquisition Act, holding that even though the actual award itself, in this case, and the taking of possession, were after 27-2-1951, when the new City Improvement Trust Act had abolished the sola-tium, still the 15 per cent solatium should be given, because the Land acquisition proceedings had been begun earlier, and the valuation had to be as on the date of the Section 4 (1) notification, which was 24-8-1948, long before the abolition. He gave also certain sums for superstructures, wells etc. , and made certain deductions for levelling up in the case of low lying lands. These details will be considered later, wherever necessary, in the respective appeals.