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 involves two of the three questions which primarily arise for consideration in this batch of cases. Indira Devi, the petitioner in the original petition, is the appellant.

4. Forty cents of land in Thrikkakara village had been acquired for the purpose of the Suburban Housing Accommodation Scheme pursuant to proceedings initiated by notification issued under S.3(1) of the Kerala Land Acquisition Act, 1961 (Act 21 of 1962) (the Kerala Act) in the Kerala Gazette dated December 20,1977. The land belonged to the appellant's mother Subhadra, who died subsequently on November 12,1980. The appellant and her father one Govindan, were the legal heirs of Subhadra, and they put forward their claim for compensation before the Deputy Tahsildar (Land Acquisition) functioning as Collector under the Act (hereinafter referred to as the Collector) in response to notice under Ss.9(3) and 10 of the Kerala Act. The award was passed on May 27,1982. Neither the appellant nor her father applied for reference to court under S.20of the Kerala Act (which corresponds to S.20 of the Kerala Act (which corresponds to S.18 of the Central Act) and the matter rested there. There were other lands covered by the same notification under S.3(1), the owners of which had sought reference to court for enhancement of the compensation. Those references, namely L. A.R.Nos. 237 and 239 of 1983 were disposed of on February 28,1986 by the Sub Court, Ernakulam, the court invested with the jurisdiction of a Land Acquisition Court under S.58 read with S.2(5) of the Kerala Act, awarding larger amounts by way of compensation than those awarded by the Collector.

5. In the meanwhile, and pending the proceedings in the Sub Court, the (Central) Land Acquisition Act was amended by the (Central) Land Acquisition (Amendment) Act, 68 of 1984. The Act stood extended to the whole of India. Various beneficent changes were introduced in the Central Act, by the amendment, namely, award of additional amount under S.23(1A), enhanced solatium under S.23(2) and larger amount of interest under Ss.28 and 34. The transitory provision namely S.30 of the amending Act gave limited retrospectively to these provisions, in the manner indicated therein: The amending Act also conferred a right to claim re-determination of the compensation awarded, in the light of subsequent award made by court by introducing a new provision, namely S.28A, which runs thus:

"28A Re-determination of the amount of compensation on the basis of the award of the Court.-(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under S.11, the persons interested in all the other land covered by the same notification under S.4, sub-section (1) and who are also aggrieved by the