RAJASHERIFF Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE constitutional validity of Section 23-A introduced into the Land Acquisition Act, 1896 (Central Act 1 of 1984) (the Act) by the Land Acquisition (Tamil Nadu Amendment) Act, 1996 (Act XVI of 1997) which received the assent of the President on 14th March, 1997 was gazetted on 20th March, 1997 and brought into force on 16th July 1997 has been called into question in this group of writ petitions.

(2.) THE petitioners are persons whose lands had been compulsorily acquired under the Act and who are parties to appeals pending in this Court such appeals having been preferred by the State or the persons interested in the compensation - against the awards made by the Court to which the matter had been referred under Section 18 of the Act (the reference Court), and who have, by reason of this new provision, been prevented from receiving the compensation as enhanced by that Court.

(3.) THE award made by the reference Court as also the award made by the High Court are rendered inexecutable during the pendency of the appeal before the High Court and Supreme Court respectively. The award is rendered inexecutable even in cases where the appeal is not at the instance of the State, but is at the instance of persons interested seeking further enhancement of the amount of compensation or who have objection to the measurement of the acquired land.