The main point in this appeal appears to be covered by the decision of a Bench of this Court in Madura Municipality v. Muthuswami Chettiar 1 . But in our opinion this decision prima facie requires re-consideration.

In 1934 there was a notification under section 12 of the Madras Town planning Act requiring the Corporation of Madras, the respondent to prepare, publish and submit for their sanction a draft scheme in respect of certain lands in the Thousand Lights area. The Corporation of Madras accordingly submitted a scheme which was sanctioned by the Government and published in the Gazette on 7th July, 1941. An arbitrator was appointed by the Government as provided in the Act. The Corporation made a claim before the arbitrator under sections 23 and 24 of the Act claiming that the property in suit was liable to betterment contribution and that in their opinion the market value of the property on the date of the notification was a particular amount. The claim was considered by the arbitrator under section 27 of the Act and he made an award on 26th August, 1945 which was served on the appellant on 3rd September, 1945. The arbitrator decided (1) that the suit property w