KUNJAMMA RAJAMMA Vs. SPECIAL DY TAHSILDAR

JUDGEMENT

(1.) The writ petition involves an interpretation of S.29A of the Kerala Land Acquisition Act.

(2.) In the course of the acquisition proceedings relating to the land of the petitioner, an award was passed on 20-8-81. No steps were taken to challenge the award. It became final. The Land Acquisition Act was amended by the Amendment Act 68 of 1984, which came into force on 24-9-1984. It would appear that there were further proceedings for enhanced compensation in respect of some other lands acquired under the same notification. Enhanced compensation had been awarded by this Court. The petitioner then thought that she too could claim and get additional compensation at the higher rates awarded by the Court in similar cases, invoking S.28A of the Act which found its way to the statute book by virtue of the Amendment Act. Accordingly, she filed an application dated 8-3-88 before the Land Acquisition Officer for redetermination of the compensation. The Land Acquisition Officer held that the benefits of the amended provisions were not available to the petitioner, as the award had been passed about three years prior to the Amendment Act. According to her, the section had application only prospectively. The request was therefore rejected by Ext. P2 order.

(3.) It was contended that the Section has to be read as having retrospective effect.