INDIRA DEVI Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) Important questions regarding the applicability and scope of S.28A of the (Central) Land Acquisition Act 1894 (the Act) arise for consideration in these cases.

(2.) Writ Appeal No.835 of 1989 is against the judgment of a learned Single Judge in O. P. No. 6536 of 1989 dismissing the original petition filed challenging the order of the "Collector" rejecting the appellants' application under S.28A, for redetermination of the compensation payable to her. Another Single Judge had rendered a decision in Kunjamma Rajamma v. Special Deputy Collector (Land Acquisition) Vaikom, 1989 (2) KLT 943 holding that S.28A can be invoked only incases where the award of the Collector was itself passed after September 24,1984, when the Land Acquisition (Amendment) Act 68 of 1984 introducing S.28 A in the Act came into force. The correctness of this decision was doubted by Ramakrishnan J., who referred the writ petitions, namely O.P.Nos. 2115,2126, 2127,2168 and 4350 of 1989 for decision by a Division Bench. That is how the writ appeal and the writ petitions are before us.

(3.) Now to the facts. We shall first advert to the facts in Writ Appeal No.835 of 1989 as it involves two of the three questions which primarily arise for consideration in this batch of cases. Indira Devi, the petitioner in the original petition, is the appellant.