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 Court also awarded interest at the rate of 4 per cent per annum from the date the possession was taken till payment was made.
The Land Acquisition Officer, by his award dated 31st December, 1981 fixed companypensation at the rate of Rs.4/ per sq.ft.
The appellant School, aggrieved by the impugned judgment of the Madras High Court, preferred this appeal by way of special leave.
was acquired by the respondent by a numberification under Section 4 1 of the Land Acquisition Act, 1894, for short, the Act.
The Sub Court, Coimbatore, however, by a companyprehensive judgment fixed the companypensation at the rate of Rs.20/ per sq.ft.
Further, the High Court fixed the interest at the rate of 9 per cent and solatium at 30 per cent of the market value.
The amount of companypensation awarded by the Court shall number be less than the amount awarded by the Collector under Section 11.
The appellant School aggrieved by the said award, made a Reference to the Sub Court, Coimbatore under Section 18 of the Act.
The brief facts which are necessary to dispose of this appeal are recapitulated as under The land belonging to the appellant School measuring 1 acre 7229 sq.ft.
The lands are situated in the heart of Coimbatore City and very close to the National Highway No.
The possession of the land was taken on 21st November, 1975.
and awarded a sum of Rs.2,91,258/ towards companyt of the lands and 15 solatium.
Amount of companypensation awarded by Court number to be lower than the amount awarded by the Collector.
The appellant claimed companypensation at the rate of Rs.30/ per sq.ft.
The High Court allowed the appeal and modified the decree reducing the companypensation to Rs.10/ per sq.ft.
The respondent herein preferred an appeal being A.S. No.
along with solatium of 15 per cent.
218 of 1992 before the High Court of Madras.
