CORPORATION OF MADRAS Vs. T BALAKRISHNA MEHTA
HIGH COURT OF MADRAS
CORPORATION OF MADRAS BY COMMISSIONER
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(1.) THESE two appeals were heard together as a common question of law arises in both the appeals. C. C. C. A. No. 66 of 1950 is against the decision of the City Civil Court in O. S. No. 239 of 1949 and the plaintiff who is the City Motor Service Ltd. , is the appellant. C. C. C. A. No. 50 of 1951 is against the decision in O. S. No. 232 of 1949 of the City Civil Court, Madras, and the appellant is the Corporation of Madras. The two suits were heard by different Judges and they held opposite views on the common Question of law, which arises for consideration. The suit O. S. No. 239 of 1949 was dismissed, but O. S. No. 232 of 1949 was decreed.
(2.) IT will be convenient to refer to the facts in C. C. C. A. No. 66 of 1950. The facts in the connected C. C. C. A. No. 50 of 1951 are similar though there is a slight difference in the material dates. In C. C. C. A. No. 66 of 1950, the defendant is the Corporation of Madras and the relief claimed was a declaration that the Corporation has no right to resort to distress proceedings for enforcing the collection of betterment contribution payable, if any, in respect of the bungalow and ground bearing R. S. No. 329/2 Thousand Lights Town Planning area and door No. 36 Whites Road, Mount Road, Madras, for the various financial years commencing from the date the scheme took effect and also for a permanent injunction restraining the defendant Corporation and its agents and servants from resorting to distress proceedings in any manner for enforcing the collection of betterment contribution or any portion thereof.
(3.) THE plaintiff is the owner of the bungalow and ground bearing R. S. No. 329/2 Thousand Lights Town Planning area and bearing door No. 36 Whites Road, Mount Road, Madras. A notification under Section 12 of the Madras Town Planning Act (Act 7 of 1920), hereinafter called the "act", was issued by the Government in 1934 requiring the Corporation to prepare, publish and submit for their sanction a draft scheme in respect of lands in the Thousand Lights area for applying the Town Planning Scheme. The scheme was finally sanctioned by the Government of Madras and published in the Fort St. George Gazette on 7-7-1941. Under Section 14, Sub-clause (6) of the Act, the scheme, therefore) took effect from that date and the execution of the scheme commenced from that date. The Government appointed an arbitrator under Section 27 of the Act and before the arbitrator the defendant Corporation filed a claim against the plaintiff company for betterment contribution in respect of the aforesaid property. The arbitrator had to decide, among others, two important questions, (i) whether the properly was liable to betterment contribution under Section 23 of the Act and (ii) the market value of the property on the date of the notification under Section 12 in accordance with the provisions of Section 24 (a) of the Act. On 26-3-1945, the arbitrator gave an award holding that the property of the plaintiff was liable for betterment contribution and he also fixed the market value of the property under Section 24 (a) of the Act Thereupon an appeal was preferred by the plaintiff under Section 29 of the Act to the Chief Judge of the Court of Small Causes against the award of the Arbitrator. The appeal was dismissed by the Chief Judge, Small Cause Court on 2-12-1947.;
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