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2010 Supreme(SC) 208

DALVEER BHANDARI, MUKUNDAKAM SHARMA
Stanes Higher Secondary School – Appellant
Versus
Special Tahsildar, (Land Acquisition) Coimbatore, Tamil Nadu – Respondent


Advocates Appeared:
For the Appellants : Ms. V. Mohana, Adv., for the Appellants.
For the Respondents:R. Sundaravarada, Sr. Adv., R. Nedumaran, C.K.R. Lenin Sekar, Advs., with him for the Respondents.

JUDGMENT

Dalveer Bhandari, J. —

1. We have heard learned counsel for the parties.

2. The brief facts which are necessary to dispose of this appeal are recapitulated as under:-

3. The land belonging to the appellant-School measuring 1 acre 7229 sq.ft. was acquired by the respondent by a notification under Section 4 (1) of the Land Acquisition Act, 1894, [for short, ‘the Act’]. The land which was being used as the play ground of the school children was acquired for the purpose of expansion of a road for Ladies’ Super Market. The possession of the land was taken on 21st November, 1975. The lands are situated in the heart of Coimbatore City and very close to the National Highway No. 47.

4. The Land Acquisition Officer, by his award dated 31st December, 1981 fixed compensation at the rate of Rs.4/- per sq.ft. and awarded a sum of Rs.2,91,258/- towards cost of the lands and 15% solatium.

5. The appellant-School aggrieved by the said award, made a Reference to the Sub-Court, Coimbatore under Section 18 of the Act. The appellant claimed compensation at the rate of Rs.30/- per sq.ft. The Sub-Court, Coimbatore, however, by a comprehensive judgment fixed the compensation at the rate of Rs.20/


















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