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(xii) The litigation initiated because of the landowners should be decided on its individual merits and the many benefits of Area 24(two) shouldn't be accessible to the litigants within a straightjacket manner.

Exactly where, consequently, a interval is prescribed to the performance of an act in the court or Workplace, Which period expires on a holiday, then the act ought to be considered to have already been carried out inside that period of time if it is completed on the next day on which the courtroom or Business office is open.

It simply cannot while in the circumstances bear an extended this means so as to incorporate special excise obligation and auxiliary excise responsibility."

In suitable situations, the court might appoint a Receiver and immediate the one who is Keeping over the property to work as an agent on the [Receiver using a direction to deposit the royalty amount set because of the] Receiver or move these types of other purchase which can fulfill the interest of justice.

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Even the Award underneath Part eleven of Act, 1894 was also declared besides in respect of the aforesaid a few plots in concern, due to the pendency of your writ petition ahead of the Substantial Courtroom and mainly because of the interim get passed from the Higher Court. It Is that this important reality, that has led us to contemplate this circumstance in light of the true intention of your Parliament below Part 24(one)(a) in the Act, 2013.

"26. Within our viewpoint, the theory of restitution requires treatment of the submission. The phrase "restitution" in its etymological sense suggests restoring to a party about the modification, variation or reversal of the decree or purchase, what has long been misplaced to him in execution of decree or buy of the court or in direct consequence of the decree read more or get (see Zafar Khan v. Board of Income, U.P. [1984 Supp SCC 505]). In legislation, the time period "restitution" is Employed in 3 senses:

(2) Notwithstanding anything at all contained in sub-portion (1), in the event of land acquisition proceedings initiated underneath the Land Acquisition Act, 1894 (1 of 1894), wherever an award beneath the mentioned portion eleven has check here been produced five years or maybe more ahead of the commencement of this Act even so the Bodily possession from the land has not been taken or maybe the payment hasn't been paid out the explained proceedings shall be deemed to own lapsed and get more info the right Govt, if it so chooses, shall initiate the proceedings of these types of land acquisition afresh in accordance While using the provisions of the Act:

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Clarification.-In computing the duration of here two years referred to In this particular portion, the period of time through which any motion or proceeding being taken in pursuance with the said declaration is stayed by an order of the court docket shall be excluded.

The regulation won't compel one particular to do that which one simply cannot quite possibly execute. 'Exactly where the regulation makes a responsibility or cost, and also the party is disabled to conduct it, with no default in him, and has no solution about it, there the regulation will usually justification him.'

Despite the fact that provision of Area 24 will not discriminate in between landowners, who are litigants or non-litigants and address them otherwise with respect to exactly the same acquisition, it's important to look at all of them within the stand place more info on the intention of the Parliament. Otherwise, anomalous outcomes could come about and provisions may well become discriminatory in itself;

It truly is contended that in almost any circumstance, as soon as the award couldn't be declared because of the pendency from the writ petition and/or even the interim keep granted because of the Superior Court docket, landowners can not be permitted to take the benefit of compensation under the Act, 2013.