Sir John Beaumont:-

[1] This appeal from a decree dated 17-12-1942, of the Supreme Court of the Island of Ceylon, raises certain questions as to the construction and effect of the Land Acquisition Ordinance (chap. 203, Legislative Enactments of Ceylon) and of the Housing and Town Improvement Ordinance (chap. 199, Legislative Enactments of Ceylon) and it will be convenient at the outset to refer to the material provisions of these enactments.

[2] By the Land Acquisition Ordinance it is provided, so far as material, by S. 3 that whenever it shall appear to the Governor that land in any locality is likely to be needed for any public purpose it shall be lawful for the Governor to direct the Surveyor-General to examine such land and report whether the same is fitted for such purpose. By S. 5 the Surveyor-General is required to make his report and upon receipt thereof the Governor may direct the Government Agent to take order for the acquisition of the land. By S. 6 the Government Agent is required to give notice that the Government proposes to take possession of the land, and that claims to compensation from all interested in such land may be made to him. By S. 7 the Government Agent is required on the day fixed for the enquiry to enquire summarily into the value of the land, and to determine the amount of compensation which, in his opinion, should be allowed therefore, and to tender such amount to the persons interested who have attended the enquiry, Section 8 provides that in determining the amount of compensation the Government Agent shall take into consideration the matters mentioned in S. 21, and shall not take into consideration any of the matters mentioned in S. 22. Section 11 provides, so far as material, that when the Government Agent proceeds to make enquiry as aforesaid if he is unable to agree with the persons interested as to the amount of compensation to be allowed be shall refer the matter to the determination of the District Court in manner thereinafter appearing. A later section provides that the reference to the District Court shall be heard by the District Judge and two assessors and, if the assessors do not agree, the opinion of the Judge is to prevail. Section 21 is in these terms:

"In determining the amount of compensation to be awarded for land acquired under this Ordinance, the District Judge and assessors shall take into consideration:

(a) firstly, the market value at the time of awarding compensation for such land;

(b) secondly, the damage, if any, sustained by the person interested at the time of awarding compensation, by reason of severing such land from his own land:

(c) thirdly, the damage, if any, sustained by the person interested at the time of awarding compensation, by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner, or his earnings; and

(d) fourthly, if in consequence of the acquisition he is compelled to change his residence, the reasonable expenses, if any, incidental to such, change."

[3] Section 22 directs that the Judge or Assessors shall not take into consideration the matters enumerated under seven heads. The only one which may be regarded as relevant to the present appeal is the sixth: "Any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put." Section 26 provides that if the Government Agent or any person interested is dissatisfied with any award made by the Court under the provisions of the Ordinance, he may appeal therefrom to the Supreme Court.

[4] By the Housing and Town Improvements Ordinance it is provided bo far as material:

Section 5: that no person shall erect or re-erect any building within the limits administered by a local authority except in accordance with plans, drawings and specifications approved in writing by the Chairman. Section 7: that (1) The Chairman shall not-

(a) approve any plan or specification of any building; or

(b) consent