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Then there would be no celebration to ascertain any compensation. But Then again, if a landowner, that has the benefit of an interim purchase in his favour whilst a problem is produced to your acquisition, is unsuccessful, he can not then contend that he has to be paid out compensation under the provision of your Act, 2013 on its enforcement, While a landowner, who didn't have the advantage of any interim get is paid out payment identified beneath the provisions of your Act, 1894, that is lesser than what might be computed underneath the Act, 2013.

fifteen. In the situation of Indore Progress Authority (supra), even this Court docket utilized the basic principle of restitution. It is noticed which the theory of restitution is Started on the ideal of carrying out full justice at the end of litigation, and parties ought to be put in exactly the same position but with the litigation and interim buy, if any, handed in the matter.

"4. With the narration of your information, however it appears to us, prima facie, that a decree in favour in the appellant just isn't staying executed for some rationale or one other, we do not Believe it appropriate at this stage to direct the respondent to deliver the possession into the appellant Considering that the go well with submitted from the respondent remains pending.

(two) Notwithstanding anything at all contained in sub-portion (one), if at any phase of the proceedings, the Collector is pleased that every one the persons considering the land who appeared in advance of him have agreed in producing to the issues being A part of the award of your Collector in the form prescribed by principles created by the appropriate Authorities, he might, with no producing more enquiry, make an award based on the terms of these kinds of arrangement.

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The Superior Courtroom granted interim remain restraining the Authority from taking on the possession from the aforesaid three plots. Apart from the aforesaid a few plot, the possession of the entire land was taken more than through the Authority.

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The principles fundamental are lex non cogit ad impossibilia (the law would not compel a person check here to try and do the unattainable) and actus curiae neminem gravabit (the act of court docket shall prejudice no person).

ten.twelve Hence, it's important to dwell into the reasons as to why no award has been designed. As talked over aforesaid, if there is here an get of restraint on the Collector or over the attaining authority and on account of which, the Collector or perhaps the Land Acquisition Officer just isn't in a position to make an award for reasons beyond his control and in compliance in more info the interim purchase granted by a courtroom of legislation in the instance from the land operator or almost every other one that could possibly have questioned the acquisition,

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The officer drafting a particular piece of subordinate laws in The manager Department may well utilize words that has a check out to leaving no scope for possible doubt regarding its intention or often even for higher completeness, while these phrases may well not include anything on the this means and scope with the subordinate legislation.

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293. There can't be any dispute with the above propositions. Nevertheless, inside the present situation, once we construe the provisions of Segment 24, it Obviously ousts the time period invested through the interim remain in the courtroom.

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