(1.) This appeal has been filed against the judgment and decree of the III Additional Sub Court, Madurai, made in L.A.O.P.No.20 of 1998, dated 19.12.2003.
(2.) It is admitted that the lands belonged to the respondents, measuring an extent of 1.07.5 hectare of dry land in S.No.94/9 were acquired by the Government for the construction of Bus Maintenance Depot for the then Pandian Roadways Corporation, Madurai, at Chekkanurani. It is not in dispute that the notification under Section 4(1) of the Act, was published on 03.05.1989. After the publication of the notification in the daily newspapers, on 27.04.1989. The substance of notification was published in the locality on 30.05.1989. After an enquiry under Section 5 of the Land Acquisition Act, the declaration under Section 6 of the Act was approved on 009.1989. The notification under Section 6 of the Act was also published in Gazette on 20.09.1989. The Land Acquisition Officer, thereafter passed an award in award No.1 of 1990 on 27.08.1990, fixing the compensation for the acquired lands at the rate of Rs.71.45/- per cent. Aggrieved by the same, it appears that the respondents have filed a petition seeking reference under Section 18 of the Land Acquisition Act and thereafter, the matter was taken up in LAOP No.20 of 1998, on the file of Additional Sub-Court, Madurai, insofar as the respondents are concerned. The designated Court on reference found that the sale deed marked as Ex-C1, dated 27.03.1989, reflects the true market value of the land, as the acquired land and the land convened under Ex-C3 are similar in nature.
(3.) The designated Court, further held that the acquired lands are capable of being used as house sites for construction of house and buildings. Though it was contended by the claimant that the market value for the lands is around Rs.25,000/- (Rupees twenty five thousand) per cent claimed that the value for the land should be fixed not less than Rupees five thousand per cent. The Civil Court has held that the market value for the acquired lands will be Rs.1,700/- per cent. Aggrieved by the same, the Land Acquisition officer has preferred the above appeal.