These two appeals arise out of proceedings by the State Government under the Land Acquisition Act acquiring several items of properties situated in the village of Mukhasa Nanjikottai, Tanjore District, for the public purpose of construction of quarters for the Armed Reserve. The claimant before the Land Acquisition Officer was one A.Y.S. Parisutha Nadar. At the inception the claim was made for himself and as guardian of his minor children. Being an Indian Christian governed by the Indian Succession Act and the properties acquired being the sole and exclusive properties of Parisutha Nadar at the subsequent stages of the proceedings following the award by the Land Acquisition Officer, he alone figured as the claimant.

O.P. No. 40 of 1955 on the file of the Subordinate Judge’s Court of Tanjore arose out of a reference by the Land Acquisition Officer under section 18 of the Land Acquisition Act, 1894 and that related only to the quantum of compensation payable to the claimant. O.P. No. 20 of 1955 on the file of the same Court arose out of a reference under sections 30 and 31 (2) of the Land Acquisition Act and that related to the title of the claimant to receive the compensation amount payable as a result of the acquisition.

The total extent of the plots acquired was 8 acres, 63 cents and 278.8 sq. feet comprised in four items: (1) R.S. 1/2-A: (ii) T.S. 2851-A-1 ; (iii) T.S. 2851-B-1 and (iv) T.S. 2851-C-1-A. Before the Land Acquisition Officer the claimant claimed compensation at the rate of Rs. 5,500 per acre. The Land Acquisition Officer awarded compensation only at the rate of Rs. 2,000 per acre. At that rate the amount of compensation worked out to Rs. 17,272-12-0. To this a sum of Rs. 1,437-8-0 was added representing the value of building, wells, crops, trees, etc. The 15 per cent. solatium came to Rs. 2,806-8-0. The total award of compensation was therefore Rs. 21,516-13-6. At the stage of the reference under section 18 of the Act before the Subordinate Judge of Tanjore the claimant put forward a claim at the rate of Rs. 6,063 per acre. The learned Subordinate Judge in modification of the award made by the Land Acquisition Officer fixed the amount of compensation at the rate of Rs. 5,445 per acre. On this basis the amount payable by way of compensation came to Rs. 54,078-11-0. A.S. No. 169 of 1957 has been preferred by the State of Madras against this award of the Sub-Court of Tanjore. The contention on behalf of the State Government is that the award made by the Court below is excessive.

The Mukhasa village of Nanjikottai wherein the acquired properties are situated was notified under Madras Act XXVI of 1948 and was taken over by the State Government under Notification, dated 22nd December, 1952. In O. P. No. 20 of 1955 on the file of the Sub-Court, Tanjore, the State Government raised the contention that the claimant is not entitled to draw the compensation amount as there was no patta in his favour issued under the provisions of the Madras Estates Abolition Act of 1948 and the learned Subordinate Judge overruled this contention holding that the claimant was not in any way disentitled to get the benefit of the award. A.S. No. 230 of 1957 has therefore been preferred by the State Government challenging the correctness of this decision of the learned Subordinate Judge as well.

We shall first deal with A.S. No. 169 of 1957 raising the question of the proper compensation amount payable by the State Government for the acquisition made. The acquired properties are admittedly situated in a prominent, aristocratic locality in the Tanjore town. On the west of the acquired sites the residential quarters of the District Superintendent of Police, the District Collector, the District Judge, the District Engineer and the other officers are situated. Quite a large number of big bungalows have been built by wealthy residents of the locality in the row opposite to the quarters of the aforesaid officers. The railway station of Tanjore lies in

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