The appeal has been preferred by the Special Tahsildar (Land Acquisition), Madurai challenging the judgment and decree in L.A.O.P. No.125 of 1995 dated 19.02.1998, wherein the Reference Court has fixed the valuation at Rs.1,700/- per cent.
2. The brief facts of the case are as follows:
The lands situated in Survey Nos.96/1,3 and 97/1 with an extent of 6.85.0 hectares in Uchapatti Village, Thirumangalam Taluk, Madurai District have been acquired for the purpose of construction of houses by the Housing Board. The Notification under
Section 4(1) of the Land Acquisition Act, 1894 was made on 03.07.1991 and published on 29.07.1991. Thereafter, an award was passed on 14.12.1989 fixing a sum of Rs.9,600/- per acre. However, the Reference Court has enhanced the sum to Rs.1,700/- per cent. Challenging the same, the above appeal has been filed.
3. The learned Additional Government Pleader as well as the learned counsel appearing for the respondent Housing Board brought to the knowledge of this Court that the issue involved in the present case has been covered by a judgment of this Hon'ble Court dated 26.09.2003 in A.S. No.159 of 2002, etc. In the said judgment, the Hon'ble High Court has fixed a sum of Rs.870/- per cent for the Notification issued in the year 1990-91. The said fact has also not been disputed by the learned counsel for the first respondent. Hence following the said judgment, the judgment and decree of the Court below is hereby modified by fixing the valuation at Rs.870/- per cent.
4. The judgment and decree of the Reference Court is hereby modified by fixing the valuation at Rs.870/- per cent and the appeal is dismissed in all other aspects. No costs. Consequently, the connected C.M.Ps are also closed.
cs To
1.The Ist Additional Subordinate Judge, Madurai.