(viii) It is not the intendment of the Act, 2013 that individuals who have assailed the acquisition course of action need to get benefits of better compensation as contemplated under Part 24;
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Their obligations are intertwined Using the scheme of land acquisition. It truly is noticed that authorities might wait while in the proceedings till the interim purchase is vacated.
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The explained sub-section commences that has a non-obstante clause and it states that notwithstanding everything contained within the Act, 2013 in any scenario of land acquisition proceedings initiated under the Land Acquisition Act, 1894, -
eight.one It's further more submitted by learned counsel showing up on behalf of the first landowners - primary writ petitioners that as a result there isn't any particular provision produced in Section 24(one) of the Act, 2013 for the impact that the duration of interim keep and/or pendency from the writ petition shall be here excluded. Consequently, as per the settled proposition of regulation, a statute needs to be study as it's.
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Provided further more that it shall be qualified for the right Federal government to direct the Collector may make these award without having such approval in these types of class of instances as the right Federal government may specify With this Advocate Ravi Shankar Yadav behalf.
314. The maxim "lex non cogit ad impossibilia" implies that the regulation doesn't be expecting the efficiency with the not possible. While payment can be done nevertheless the logic of payment is related.
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Offered that no award shall be created by the Collector beneath this sub-area without the earlier approval of the appropriate Authorities or of this sort of here officer as the appropriate Authorities might authorize in this behalf:
One of the aims of every judicial method should be to discourage unjust enrichment utilizing courts being a Instrument. The costs website imposed via the courts need to in all cases need to be the true costs equal to deprivation experienced through the rightful human being." We approve the results of your Substantial Court docket of Delhi in the case stated over.
' At the time judicial fulfillment is arrived at which the route wasn't open for being made and it can be recognized to be a oversight of your court docket, It's not necessarily only ideal and also the obligation in the court to rectify the error by working out inherent powers.