When a repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existance after the judgement appealed from has been rendered becasue the rights of the parties in a appeal are determined under hte law in force on the date of suit. However the position of law would be different in the matters which relate to procedural law but so far as substantive rights of parties are concered they remain unaffected by the amendment in the enactment. The Supreme Court was thus of the view that where a repeal of provisions of an enactment is followed by fresh legislation by an amending Act such legislation is prospective in operation and does not affect substantive or vested rights of the parties, unless made retrospective either expressely or by necessary implication.
The right conferred to the land holders/owners of acquired land under Section 24(2) of RFCTLARR Act 2013 is a statutory Act and therefore the said right cannot be taken away by an Ordinance by inserting provisio to the above said sub section without giving retrospective effect of the same.
Radiance Fincap Private Limited Vs Union of India
Supreme Court of India, Civil Appeal no. 4283 of 2011