(xii) The litigation initiated from the landowners must be decided on its individual deserves and the many benefits of Portion 24(two) really should not be accessible to the litigants inside a straightjacket manner.
'It is, then, a common rule which admits of sufficient simple illustration, that impotentia excusat legem; the place the regulation results in a duty or demand, and the social gathering is disabled to accomplish it, with no default in him, and has no solution about, there the legislation will generally speaking excuse him (t) : and even though impossibility of overall performance is, generally speaking, no excuse for not accomplishing an obligation which a party has expressly undertaken by agreement, but in the event the obligation is one implied by regulation, impossibility of general performance is an effective justification.
It are not able to during the situations bear an prolonged which means In order to incorporate Distinctive excise obligation and auxiliary excise responsibility."
(2) Notwithstanding just about anything contained in sub-part (one), if at any stage from the proceedings, the Collector is contented that each one the folks thinking about the land who appeared ahead of him have agreed in producing on the matters for being included in the award on the Collector in the shape prescribed by regulations produced by the right Authorities, he may, without generating even further enquiry, make an award in accordance with the conditions of these settlement.
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(xiv) Interim order of stay granted in among the list of matters from the landowners would result in an entire restraint around the authorities to move forward additional to situation declaration;
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In the end case experienced to stand on its advantage within the problem into the acquisition or compensation, and check here no correct or gain could hence be conferred (or accrue) under Segment 24(2) in these kinds of circumstances.
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Such a consequence, from the viewpoint of the Court, was under no circumstances intended by Parliament; On top of that, the restitutionary basic principle calls for which the benefit received from the litigant really should Best Lawyer In Ayodhya faziabad be suitably offset, in favour of the other social gathering.
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Even though there were a provision made with regard for the exclusion of time used in the courtroom proceedings with regard to interim continue to be on account of court's purchase, it might have been ex abundanti cautela, which has been regarded as by this Courtroom in Union of India v.
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