1933 Present: Drieberg J. and de Silva A.J.

NEWNHAM v. GOMIS.

174-D. C. (Inty.) Colombo, 2,839.

Land acquisition-Land acquired by Municipality-With street lines laid down-Measure of compensation-Depreciation in value caused by street lines-Housing and Town Improvement Ordinance, No. 19 of 1915, ss. 18 (4) and 80.

Where a Municipality acquires land in respect of which street lines have been laid down by it,-

Held, that in awarding compensation for the land the depreciation in value caused by the laying down of street lines may be taken into consideration.

APPEAL from an order of the District Judge of Colombo.

A land belonging to the defendant was acquired by the Chairman of the Municipal Council by a mandate issued under the Land Acquisition Ordinance. The Municipal Council by resolutions dated December, 1910, and November, 1918, had laid down certain street lines in respect of the land. The question for decision was whether in assessing compensation payable for the land, the depreciation in value caused by the laying of the street lines should be taken into consideration.

H. V. Perera (with him E. B. Wikramanayake), for defendant, appella