Non-compliance of steps communicated by the Act.

This is an application under Article 226 of the Constitution of India for issuing a writ of prohibition restraining the first respondent from proceeding with the enquiry under the Land Acquisition Act in respect of Survey No. 3762/7 in Mylapore Western Section Area Town Planning Scheme. The petitioner is the owner of a bungalow bearing D. No. 79, Mowbray’s Road, Alwarpet, Madras. He purchased the site on 4th November, 1936, from one C.V. Rajagopalachariar. After having obtained the sanction of the Corporation he put up the bungalow in accordance with the plan sanctioned by the Corporation. On 14th April, 1934, the Provincial Government required the Council of the Corporation, Madras, to prepare, publish and submit for their sanction a draft scheme in respect of Mylapore Western Section Area Town Planning Scheme on or before 1st July, 1935. From time to time the time was extended and finally on 17th October, 1946, it was extended to 30th November, 1946. Pursuant to the directions given by the Government, the Corporation issued notice to the owners of lands asking them to attend a meeting of the owners of lands and buildings in the area affected by the proposed scheme. On 18th March, 1942, a notice was served on one T. Ekambaram for the petitioner. The survey number in respect of which the said notice was given was stated to be 3762/3. The meeting so convened was held on 23rd March, 1942. A draft scheme formulated at that meeting was published under rule 41 of the Town Planning Rules in the Gazette, dated 10th November, 1942 and it was also published in the Hindu and Swadesamitran, dated 4th November, 1942. After the time prescribed for objection expired, the draft scheme was submitted to Government on 19th August, 1946. The Government sanctioned the scheme. The notification regarding the acquisition of the lands reserved for acquisition was published in the Fort St. George Gazette, dated 26th July, 1949, under section 14(5) of the Town Planning Act. Under the notification the Corporation proposed to acquire an extent of 4 grounds 1787 square feet belonging to the petitioner, more particularly described in the plan filed in this case. The Land Acquisition Officer was proceeding with the acquisition proceedings. At this stage this application was filed for the aforesaid reliefs.

Learned counsel for the petitioner raised before me the following points:

(1) The Corporation did not give him personal notice under rule 36 of the Rules made under the Town Planning Act.

(2) The statements prepared and annexed to the notification under sections 13 and 14 are inaccurate in material particulars.

(3) The defects in the statements indicate that the Corporation acted arbitrarily and did not apply its mind in respect of the property sought to be acquired.

It will be convenient at this stage to read the relevant provisions of the Madras Town Planning Act (Madras Act VII of 1921).

Section 12: Notwithstanding anything contained in sections 9 to 11, the Provincial Government may, in respect of any municipality, after making such inquiry as they may deem necessary, by notification in the Official Gazette, require the Council, before a fixed date, to prepare, publish and submit for their sanction a draft scheme as respects any land in regard to which a town planning scheme may be made.

Rule 36: (1) The municipal council shall convene meetings of owners, of lands and buildings in the area affected by the proposed scheme;

(2) Notice of every such meeting shall, not less than ten days before the date of meeting,

(a) be published on the notice board of the Municipal Office, and

(b) subject to the provisions of sub-rule (3) be sent in the manner prescribed therein to all persons known or believed to have rights in any land or building in the area, included in the proposed scheme and to other persons known or believed to be affected by the scheme.

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---------------- (1952) 2 M.L.J