B.P.Jeevan Reddy, C.J. - (1.) A common question arises in this batch of writ petitions filed by Ghaziabad Development Authority questioning the award made by the Special Land Acquisition Officer (Irrigation), Gaziabad under Section 28-A of the Land Acquisition Act
(2.) For the sake of convenience ; we may refer to the facts in W. P. No. 17729 of 1989. On 9-2-1962, a notification was issued under Section 4 of the Land Acquisition Act, proposing to acquire a large extent of land for the purpose of the petitioner. An extent of 386 acres of land in village Jatwara Kalan of Pargana Lorn was sought to be acquired. The declaration under Section 6 of the Act was made on 24-4-196. An award was passed by the Special Land Acquisition Officer on 1-2-1964. The land acquired was categorised into more than one category, adopting, what is called, the belting method, and different amount of compensation was awarded for each of the categories. Suffice it to say that compensation awarded was around Re. 1/- per square yard. Some of the land-holders obtained a reference under Section 18 of the Act. The contesting respondents (Land-holders) in these writ petitions, however, did not obtain any such reference. 1 he reference, actually made under Section 18 was numbered as L.A.R. No. 91 of 1979 on the file of the Additional District Judge. Ghaziabad. The said reference was decided on 23-5-1987 where under the compensation was enhanced to Rs. 7/- per square yard. Within three months or this award, the contesting respondents herein (Land-holders) filed applications before the Special Land Acquisition Officer under Section 28-A, claiming compensation at the same rate as was awarded in L.A.R. No. 91 of 1979. These applications have been disposed of on 6-9.1988, enhancing the compensation to Rs. 4/- per square yard. We are told that the land holders, being not satisfied with the amount so awarded, asked for an obtained reference under Section 18 to the Civil Court. It is also brought to our notice that against the award of the Civil Court in L.A.R. No 91 of 1979, the State has preferred appeals, which are now stated to be pending in this Court.
(3.) The first and the main point urged in this batch of writ petitions is this : Section 28-A of the Land Acquisition Act has no application and cannot be invoked in cases where the award of the Special Land Acquisition Officer was made prior to the introduction of Section 28-A In other words, Section 28-A is not retrospective in operation. Only in cases where the award of the Land Acquisition Officer is made after the introduction of Section 28-A can that provision be involved. 'the provisions contained in Section 30 of the Land Acquisition (Amendment) Act (Act No. 68 of 1984) is relied upon in support of this proposition.;