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1957 Supreme(Mad) 318

PANCHAPAKESA AYYAR, GANAPATIA PILLAI
M. K. Chengalvaroya Chetty – Appellant
Versus
State of Madras, by Collector of Madras – Respondent


Advocates:
M. Natesan, V. N. Shama Rao, S. Padmanabhan, M. Ranganatha Sastri, M. V. Kapali, G. Ramanujam, Subramaniam and Rajagopal and K. G. Manickavasagam, for Appellant.
The Government Pleader (B. V. Viswanatha Auyyar), M. A. Sathar Sayeed, G. K. Raman and G. Rangaswami Ayyangar, for Respondent.

Panchapakesa Ayyar, J.- This batch of appeals has been filed against the judgment of the Chief Judge of the Court of Small Causes in Land Case Nos. 133, 106, 112, 111, 107, 116,113, 100 and 102 of 1952, valuing the lands acquired under the Land Acquisition Act, as modified by the Town Planning Act, with No. 15 (solatium) as on 14th August, 1934, the date of the notification under section 12 of the Town Planning Act, instead of on the date of the last extension by Government of that notification, namely, 24th October, 1946. The acquisition was for the laying of scheme roads under the Mylapore western section area Town Planning Scheme.

We have perused the records and heard the learned counsel for the appellants, and the learned Government Pleader contra. The main contention of the learned counsel for the appellants was that the Government had no power to extend the time fixed under section 12 of the Town Planning Act and that if the Government is to be held by an indulgence, to have the power to extend the time fixed under section 12, as has been held by Ramesam, Officiating Chief Justice, in the Bench ruling in Secretary of State for India v. Narayanaswami Chettiar1, (the other learn







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