Stanes Higher Secondary School vs Special Tahsildar, Tamil Nadu
the award were issued prior to 24th September, 1984. The
parties are governed by an unamended provision of law.
Therefore, we do not find any infirmity in the impugned
judgment of the High Court.
12. In the present appeal, the land meant for the play ground
located in the heart of Coimbatore city and very close to
National Highway no. 47 was acquired by the respondent. The
amount of compensation has already been paid to the
appellant-School. Therefore, in the peculiar facts and
circumstances of the case, the judgment of the High Court is
modified and in the interest of justice, we deem it appropriate
to direct the respondent not to recover the amount of
compensation already paid to the appellant-School. 7
13. The civil appeal is, accordingly, disposed of. In the facts
and circumstances of the case, we direct the parties to bear
their own costs.
...............................................J. [ DALVEER BHANDARI ]
................................................J. [ DR. MUKUNDAKAM SHARMA ] New Delhi, March 9, 2010