LOUIS JOYI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner filed an application under S.28A of the Land Acquisition Act (hereinafter referred to as 'the Act') and by Ext. P1 judgment in OP No. 2501 of 1995 this Court directed the second respondent to pass appropriate orders on Ext. P3 representation in that original petition filed under S.28A of the Act Now by Ext. P2, application was rejected on the ground that S.28 A application can be filed only if the award is passed by the Land Acquisition Officer after 30-4-1982 and in the petitioner's case award was passed by the Land Acquisition Officer on 25-9-1980. S.28A was introduced by S.19 of the Land Acquisition (Amendment) Act, 1984 with effect from 24-9-1984. It is prospective in operation. In other words, if award under S.26 is passed prior to 24-9-1984, application under S.28A cannot be made.

(2.) It was clearly held by the Supreme Court in Babua Ram and others v. State of U.P. and another ( 1995 (2) SCC 689 ) that it is the date of passing of the award by the reference court that is important. Even if award passed by the Land Acquisition Officer under Sectional is before 24-9-1984, when compensation is accorded in respect of lands covered by the same notification under S.4(1) by a Court under S.26, after 24-9-1984. interested persons can file application under S.28A. Date of notification under S.4(1) or date of award under S.11 is not at all important. It is the date of passing of the award by the reference court under S.28A. But in Babua Ram's case and in Union of India v. Karnail Singh ( 1995 (2) SCC 728 ) it was held that limitation of three months for making application for redetermination of compensation must be computed from the date of earliest award of reference court made under S.26. This ruling in so far as limitation is concerned was overruled by a three member Bench of the Supreme Court in Union of India v. Pradeep Kumari ( 1995 (2) SCC 736 ) and held that the benefit of redetermination of the amount of compensation under S.28A can be availed of on the basis of any one of the awards that has been made by the court after the coming into force of S.28A, provided the applicant seeking such benefit makes the application under S.28A within the prescribed period of three months from the date of award on the basis of which redetermination is sought.

(3.) In the decision reported in (1995) 2 SCC 736, Apex Court had clearly laid down six conditions for making an application under S.28A of the Act;