The Special Tahsildar (L.A), Madurai South Neighborhood Scheme Unit II, Madurai, is the appellant.
2.Land in Thoppur village in Survey No.40/4 of an extent of 20 cents belonging to the first respondent was acquired for the benefit of Tamil Nadu Housing Board, Ellis Nagar, Madurai-10. It is seen from the Land Acquisition Proceedings that this land under acquisition was forming part of South Neighborhood Scheme, Unit I, Madurai-20 in L.A.O.P.19 of 1990 and the land acquired after complying with the formalities fixed the market value of the land at Rs.45/- per Cent. Not satisfied with the said amount awarded by the Acquisition Officer, the first respondent sought for reference under Section 18 of the Land acquisition Act and reference was made and taken in L.A.O.P.No.312 of 1989 on the file of the I Additional Sub Court, Madurai, and the learned Sub Judge, enhanced the market value at Rs. 1250/- per Cent. Aggrieved by the same, this appeal is filed by the appellant.
3.The learned counsel appearing for the appellant Mr.S.C.Herold Singh, Additional Government Pleader, fairly conceded that in respect of the same scheme, lands were acquired and various L.A.O.Ps. were filed against the inadequacy of compensation and in those appeals the compensation was fixed at Rs.825/- per Cent and the same market value can be fixed for the acquired land in this appeal as it is also situate in the same area and the lands are similar to the land acquired in those appeal.
4.He also submitted that in appeal Nos.884,92,883/92,886/92,156/93,157/93 and 158/93 in respect of the same scheme and in respect of Survey No.87 and 88 and its sub-divisions to the Nillayur village, this Honourable Court fixed the market value at Rs.825/- per Cent.
5.In my opinion, the acquired land is also situate in the same area and hence, the value fixed in those appeals by this Honourable Court can be fixed for the acquired land also.
6.The learned counsel Mr.Tilak Kumar, appearing for the second respondent's Housing Board, has also no objection for fixing the same and I therefore, fixed the market value of the acquired land at Rs.825/- per Cent following the decision reported in Appeal No.884,92, 883/92, 886/92, 156/93, 157/93 and 158/93 dated 10.02.1999.
7.In the result, the appeal is partly allowed and the market value is fixed at Rs.825/- per Cent. In other aspects, the order of the lower Court is confirmed. There is no order as to costs.
er To, The I Additional Sub Judge, Madurai.