(xii) The litigation initiated from the landowners should be decided on its possess merits and the main advantages of Area 24(2) really should not be available to the litigants inside of a straightjacket manner.

They may have only to adopt delaying techniques to postpone the disbursement of statements and As a result receive far more interest. As a result of this sort of delay, the owner would get enormous volume of curiosity though in the long run, he might not get yourself a penny out of principal sum on the final settlement of promises.

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ten.twelve Hence, it's important to dwell into the reasons as to why no award has long been manufactured. As discussed aforesaid, when there is an order of restraint to the Collector or around the attaining authority and because of which, the Collector or the Land Acquisition Officer is just not in a position to check here generate an award for explanations further than his Handle As well as in compliance of your interim order granted by a court of legislation with the occasion more info of your land operator or any other person who may have questioned the acquisition,

2014) nevertheless the Actual physical possession on the land hasn't been taken or the payment hasn't been paid out, then the mentioned proceedings of acquisition shall be deemed to get lapsed. An interpretation of sub-segment two of Section 24 on the Act has been made by this Courtroom in Indore Enhancement Authority (supra). It has been clearly held in para that although calculating the period of five years the time period all through which an interim buy was underneath read more Procedure has to be excluded.

HC holds: A suit underneath Segment ninety two in the code of civil procedure, 1908 instituted without the go away on the Court docket is a defect which can't be cured by grant of leave in a subsequent phase, Examine Judgment

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(xix) When You will find a incapacity to perform a A part of the law, such a charge must be excused. When functionality with the formalities prescribed by a statute is rendered unachievable by circumstances more than which the persons concerned have no Management, it must be taken as a sound excuse;

eighteen. In Ram Krishna Verma v. State of U.P. [(1992) two SCC 620], this Court examined an analogous situation whilst positioning reliance upon its before judgment in Grindlays Financial institution Ltd. check here v. CIT [(1980) two SCC 191] and held that no particular person can are afflicted by the act of the courtroom and in case an interim get has become handed, along with the petitioner usually takes edge thereof, and in the end the petition is located for being with none benefit and is dismissed, get more info the interest of justice necessitates that any undeserved or unfair edge received by a party invoking the jurisdiction on the court have to be neutralised."