(viii) It isn't the intendment on the Act, 2013 that anyone who has assailed the acquisition system must get advantages of better compensation as contemplated below Section 24;
335. The theory of restitution is Launched on the ideal of doing full justice at the end of litigation, and functions must be placed in exactly the same posture but for the litigation and interim get, if any, passed while in the issue.
"four. Through the narration of the information, however it appears to us, prima facie, that a decree in favour on the appellant is not really being executed for many purpose or one other, we don't Consider it proper at this stage to direct the respondent to deliver the possession towards the appellant since the accommodate submitted with the respondent continues to be pending.
In correct situations, the court docket could appoint a Receiver and immediate the one that is holding over the residence to act as an agent from the [Receiver using a direction to deposit the royalty amount of money fastened through the] Receiver or go this sort of other order which can fulfill the curiosity of justice.
In many situations, in several Higher Courts writ petitions ended up dismissed by the Single Decide Benches as well as writ appeals were pending for a very long time and during which, with regard to Element of land in the jobs, efforts have been designed to get the advantage of Area 24(2).
(xiv) Interim get of continue to be granted in one of many matters with the landowners would induce an entire restraint around the authorities to move forward even more to challenge declaration;
The regulation by itself and its administration are recognized to disclaim since it does in its standard aphorisms, all intention of compelling impossibilities, and also the administration of law need to adopt that general exception in thing to consider of distinct circumstances.
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‘The Demo Courtroom just isn't bound to pass a detailed buy to fulfill the proof at time of issuing procedure,’ Study Judgment
The courtroom has inherent jurisdiction to buy restitution to be able to do entire justice. This is certainly also about the theory that an unsuccessful litigant who had the get more info good thing about an interim get in his favour cannot encash or take advantage of a similar about the enforcement of the Act, 2013 by to begin with stalling the acquisition method and later on seeking a greater payment underneath the provisions of Act, 2013.
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Once the debts are paid here out as well as liabilities discharged, it is only the proprietors of coal mines that are benefited. Having absent the interest sum from the homeowners without the need of discharging their debts here and check here liabilities could be unreasonable.
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