1957 Supreme(Mad) 327
PANCHAPAKESA AYYAR, GANAPATIA PILLAI
The State of Madras by the Collector of Madras – Appellant
Versus
Balaji Chettiar – Respondent
Advocates:
The Government Pleader (B. V. Viswanatha Ayyar), R. G. Rajan, C. Rangaswami Ayyangar, T. R. Sundaram, R. Desikan, M.S. Sethu and T. Ramakrishna, for the State.
K. Rajah Ayyar, V. Tyagarajan, V. C. Gopalaratnam, N. R. Raghavachariar, S. E. Sankara Ayyar, V. Ganapathi Ayyar, T.G. Nagaswami Ayyar, J. Nagarajan, S. Rangaswami Ayyangar, T. R. Srinivasa Ayyangar, S. V. Venkatasubramaniam, K. Srinivasan, P. R. Varadarajan, S. K. Ahmed Meeran, M. Khaja Mohideen, M. Karunakara Nambiar, T. R. Srinivasa Ayyar, M. Natesan, T. S. Rangarajan, S. Ramanatha Davey, V. K. Ramanatha Ayyar, Pais, Loho and Alvares, S. R. Krishnamacharya, D. R. Krishna Rao, M. Subramania Sarma, V. N. Srinivasa Rao, C. S. Rajappa, Subramaniam and Rajagopal, K. G. Manickavasagam, P. Thandavakrishnayya Naidu, S. P. Rajabathar, V. V. Raghavan, V. Srinivasan P. Ram Reddi, V. Venkatarama Reddy, S. Ramayya Nayak, D. N. Narasaraju Y. Suryanarayana, M. R. Narayanaswami, A. Nagarajan, A. Visivanathan, V. Somasundarani C. Santhanamurthi Naidu, K. Soundararajan and T. Krishnaraja Naicker, for the Claimants in the various cases.
Panchapakesa Ayyar, J.—These are sixty-five appeals and four memoranda of cross-objections, and relate to two big land acquisitions resulting in the two batches of appeals and memoranda of cross-objections. The first big land acquisition is what can be shortly called the Mandavalli Scheme, for building houses by the Madras City Improvement Trust. This covers an area of 1,400 grounds of land bounded on the east by the South Beach Road, on the west by Brodies Road on the north by Mandavalli Street and the Mada Church Road, and on the South by the Adyar River backwaters. The properties acquired are mostly vacant lands but in some of the cases there were also structures, like houses and compound walls, and in some also wells for which compensation was claimed and awarded The date of the notification under section 47 of the City Improvement Trust Act of 1945, which was held by the Land Acquisition Officer to be the relevant date for determining the market valuation of the lands, as under section 4 (1) of the Land Acquisition Act was 24th August, 1948. Section 53 notification, corresponding to section 6 notification under the Land Acquisition Act, was published on 23rd May, 1950. The awa
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