KT., VEPA RAMESAM
The Secretary of Sate for India in Council represented by the Collector of Salem – Appellant
Versus
R. Narayanaswami Chettiar – Respondent
Vepa Ramesam, Kt., Offg., C.J.
1. These are appeals against the award of the District Judge of Salem made in certain land acquisition proceedings which vvere taken pursuant to the Town Planning Act (VII of 1^20). The scheme was generally known as Maravaneri Extension and was intended to enlarge the accommodation of Salem Town. The facts of the case may now be stated.
2. On 1st February, 1921, the Madras Government invited the Municipal Council of Salem by a notification published in the Fort St. George Gazette to submit for their sanction within three months from the date of the publication of the notification a scheme in respect of the area now in question (Ex. A). This was under Section 12 of the Town Planning Act. That section authorises the Government to fix a date within which the Municipal Council should submit the scheme and the Government fixed three months as the period. The Salem Municipal Council did not submit their scheme within three months. The draft scheme was submitted on 28th August, 1921 (Ex. B). Seeing that the Government ultimately published a notification on 21st September, 1923, under Section 14(3) of the Act {vide Exhibit D) we must assume that the Mad
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