MOOSA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The contention of the petitioner in this case is that the preliminary notification dated 7-2-1984 having been issued when the Kerala Land Acquisition Act was in force in the State of Kerala, no further steps can be taken in pursuance of the said notification either under the Kerala Land Acquisition Act or under the Land Acquisition Act, 1894 (Central Act 1/94) extended by Central Act 68/1984 which came into force on 24-9-1984. This contention is not available to the petitioner as it stands concluded by the decision of this court reported in 1986 KLT 57 between Mohammed Sheriff and State of Kerala following the direct decision of the Supreme Court reported in AIR 1985 SC 1576 between Bagh Singh & others and Union Territory of Chandigarh wherein it is laid down that acquisition proceedings initiated under the Kerala Land Acquisition Act shall be governed by the provisions of the Central Act from 24-9-1984, the date on which the same came into force. The State of Kerala has enacted the Land Acquisition (Amendment) Act, Act 28 of 1985 amending the Central Act in its application to the State of Kerala in certain respects. In the statement of objects of the said Act, this is what is stated:

(2.) On behalf of the State however it was submitted that the question regarding applicability of the Central Act to pending proceedings is before the Constitution Bench of the Supreme Court and that therefore we should make observations similar to those made in Para.19 of the Judgment reported in AIR 1985 SC 1652 between Chimanlal and Special Land Acquisition Officer, Poona. As far as this court is concerned, it is bound by the decision of the Supreme Court reported in AIR 1985 SC 1576 which has overruled the earlier decision of the Supreme Court in AIR 1985 SC 576 and held that pending proceedings are governed by the Central Act. We therefore consider it unnecessary to make observations as requested by the learned Advocate General in this case.