SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1990 Supreme(Ker) 373

VISWANATHA.IYER, MALIMATH
Indira Devi – Appellant
Versus
Special Tahsildar – Respondent


Judgment :-

1. Important questions regarding the applicability and scope of S.28A of the (Central) Land Acquisition Act 1894 (the Act) arise for consideration in these cases.

2. Writ Appeal No.835 of 1989 is against the judgment of a learned Single Judge in O.P.No. 6536 of 1989 dismissing the original petition filed challenging the order of the "Collector" rejecting the appellants' application under S.28A, for redetermination of the compensation payable to her. Another Single Judge had rendered a decision in Kunjamma Rajamma v. Special Deputy Collector (Land Acquisition) Vaikom, 1989 (2) KLT 943: ILR 1990 (1) Kerala 434 holding that S.28A can be invoked only incases where the award of the Collector was itself passed after September 24,1984, when the Land Acquisition (Amendment) Act 68 of 1984 introducing S.28 A in the Act came into force. The correctness of this decision was doubted by Ramakrishnan J., who referred the writ petitions, namely O.P.Nos. 2115,2126, 2127,2168 and 4350 of 1989 for decision by a Division Bench. That is how the writ appeal and the writ petitions are before us.

3. Now to the facts. We shall first advert to the facts in Writ Appeal No.835 of 1989 as it involve
































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top