(delivering the Judgment of the Court): This is an appeal against the award made by the learned Judge in respect of the land acquired by the Sarawak Government for the extension of the Kuching airport.

In 1950 Datuk Dr. Murugasu Sockalingam owned Parcel 16 Block 233 Kuching North Land District, 6½ Mile Penrissen Road, Kuching. In1960 this pgarcel was mutated into two lots, that is, Lots 330 and 331. He then transferred the two lots to his four sons, namely, Mahendra, Rajendra, Sivadas and Devadas in equal shares. They in turn executed a Power of Attorney in favour of their parents Datuk Dr. Marugasu Sockalingam and Datin Evelyn Sockalingam nee Voon Nyuk Tshin. In 1969 the State Government acquired 5.319 acres of Lot 330 for road reserve at $9,000.00 per acre. The registered proprietors accepted the award through their attorneys. Consequently, Lot 330 was mutated into four lots, namely, Lots 614 (79.37 acres), 615 (0.918 acres), 616 (4.401 acres) and 617 (1.645 acres). The parts acquired for road reserve made up of Lots 615 and 616. Lots 614 and 617 were realienated to the four registered proprietors. In 1971 in order to accommodate bigger aircraft such as the Airbus the airport had to be extended. To do so the State Government decided to acquire considerable areas of land near the vicinity of the airport. Among other pieces of land, the whole of Lot 331 containing 2.14 acres and a portion of Lot 614 containing 10.54 acres were acquired.

Notice that the land was likely to be needed for the extension of the airport under section 47 of the Land Code (Cap. 81) was published in the Sarawak Government Gazette vide Notification No. 1588 dated July 9, 1971. Lot 331 was covered by this notice. Another notice covering Lot 614 appeared in the said Gazette vide Notification No. 1110 dated April 28, 1971. The relevant dates at which the market values for Lots 331 and 614 fell to be ascertained were therefore July 9, 1971 and April 28, 1972 respectively. Section 60(1)(a) states clearly that the market value of the acquired land must be assessed at the date of the publication of the Notification under section 47. When a decision was made on the exact areas of land needed for the airport extension a declaration under section 48 would be published in the said Gazette. For the purpose of this appeal the notice under section 48 was published on September 11, 1975. The State Government would then give notice under section 49 to all persons interested in the acquired land of its intention to take possession of the said land and would request them to appear at the Land Office to state the nature of their interests in the said land, their claims to compensation for such interests and their objections, if any, to the measurements surveyed. An inquiry would then be held by the Superintendent of the Division concerned. In the present case the Superintendent of the First Division held the inquiry on November 7, 1975. He heard and considered the written reports of both the Government valuer (Mr. Robon Chung York Bin) and the valuer for the objectors (Mr. Henry Yeo of C.H. Williams, Talhar, Wong and Yeo Sdn.) Both valuers used the comparative methods in assessing the market value.

For the purpose of this appeal the relevant provisions of section 60 of the Land Code are as follows:—

"60(1) In determining the amount of compensation to be awarded for land resumed under this Part, the court shall take into consideration —

(a) the market value at the date of the publication of the notification under section 47 or, if no such notification has been published, the market value at the date of the posting of the declaration made under section 48;

(b) ...

(c) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possession of the land, by reason of severing such land from his other land;

(d) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possessio