JUDGMENT :

Mudholkar, J.

1. By a notification under Section 4 of the Land Acquisition Act 1894, (I of 1894), dated September 14, 1948 the Government of Madras decided to acquire 1145 grounds of land comprised in an area roughly bounded by St. Mary's Road on the north, by the Buckingham Canal in the east and south and by Chamier's Road and Pugh's Road on the west in the city of Madras. The land belonged to various owners and the acquisition was for the purpose of constructing houses under the Town Planning scheme which had already been settled. Out of these lands 74 grounds belonged to the appellant. The Land Acquisition Officer divided the lands to be acquired into five groups Groups I to Group V according to what he considered to be the best lands, the next best lands and so on. In grading the lands in this manner, the Land Acquisition officer bore in mind factors such as proximity to roads in existence, nearness to the Mylapore temple, the market, schools etc. level of land, its distance from the Buckingham canal (which is said to stink a great deal) as well as distance from pits or ponds and so on. This grading has been accepted throughout and is not challenged before us. What is