Judgement

SHAH, J. : In this group of appeals arising out of land acquisition references, two questions fall to be determined:

(1) Whether the owners are entitled to get 15 Per cent solatium in addition to the market value for compulsory acquisition of the lands; and

(2) Whether the rate at which compensation has been awarded to the claimants for compulsory acquisition of the land is justified by the evidence.

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 sanctio