JAGANNATHAPPA BHUJAPPA GANJIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS judgement shall dispose of all these 11 writ petitions by which the following common question is raised :-

(2.) THE basic facts not in dispute are - The Collector had passed various awards in the cases of the petitioners and others under section 11 of the L. A. Act before 24-9-1984, when section 28-A was inserted in the L. A. Act by the Act No. 68 of 1984. The petitioners had not applied for reference under section 18, but the other persons interested in the lands covered by the same notifications under section 4 (1) had. The Civil Courts passed awards at enhanced rates on various dates after 24-9-1984. Within three months of making of those awards the petitioners applied to the Collector for redetermination of the compensation on the basis of the amount of compensation awarded by the courts. The Collector rejected the applications on the sole ground that section 28-A of the L. A. Act is not retrospective and hence cannot apply to the awards of the Collector made prior to 24-9-1984. Hence these petitions.

(3.) WE reproduce section 28-A for ready reference :-