K.SUBBA RAO, S.M.SIKRI, M.HIDAYATULLAH, K.N.WANCHOO, RAGHUBAR DAYAL
P. Vajravelu Mudaliar Most Rev. L. Mathias – Appellant
Versus
Special Deputy Collector For Land Acquisition, West Madras – Respondent
Judgment
SUBBA RAO, J. :
These three petitions filed under Art. 32 of the Constitution raise the question of the constitutional validity of the Land Acquisition (Madras Amendment) Act, 1961 (Madras Act XXIII of 1961), hereinafter called the Amending Act. We shall briefly state the facts relevant to the question raised. The petitioner in Writ Petition No. 144 of 1963, P. Vajravelu Mudaliar, is the owner of lands bearing survey Nos. 4-2, 40-7 and 43-1 of Peruakudal Village and of extents 1.82, 1.39 and 3.72 acres respectively. By a notification dated November 7, 1960, and published in the Fort/St. George Gazette dated November 16, 1960, the Government issued a notification under S. 4(1) of the Land Acquisition Act (Act 1 of 1894), hereinafter called the Principal Act notifying that, among other lands, the said lands of the petitioner were needed for a public purpose, to wit, for the development of the area as "neighbourhood" in the Madras City in accordance with the Land Acquisition and Development Scheme of the Government. On November 23, 1960, the Special Deputy Collector for Land Acquisition issued a notification under S. 4(1) read with S. 17(4), of the Principal Act, and under the
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