It really is true that proceedings are dragged on for some time on just one depend or the other and, on occasion, become remarkably technical accompanied by unending prolixity at each stage, giving a authorized entice for the unwary.
The doctrine "commodum ex injuria sua nemo habere debet" that is certainly ease can't accrue to a celebration from his personal Completely wrong. Provisions of Area 24 never discriminate litigants or non-litigants and handle them in a different way with regard to precisely the same acquisition, if not, anomalous benefits could occur and provisions may well grow to be discriminatory in by itself.
"seventeen. No litigant can derive any benefit from mere pendency of the situation within a courtroom of legislation, because the interim purchase usually merges in the ultimate buy to be handed in the case, and Should the writ petition is finally dismissed, the interim purchase stands nullified immediately.
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["11-A. Interval in just which an award shall be designed.-The Collector shall make an award underneath Area 11 inside of a period of two many years from the day in the publication from the declaration and when no award is produced within that period of time.
The reported sub-part begins having a non-obstante clause and it states that notwithstanding something contained within the Act, 2013 in almost any case of land acquisition proceedings initiated underneath the Land Acquisition Act, 1894, -
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"9. Right before parting with this particular scenario, we contemplate it important to observe that on the list of [major] reasons for overflowing of court dockets may be the frivolous litigation in which the courts are engaged from the litigants and which can be dragged on for check here as long as doable. Even when these litigants eventually reduce the lis, they grow to be the true victors and possess the final laugh.
(xviii) A celebration prevented from doing an act by specific conditions further than his control can do so at the first subsequent chance;
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The law doesn't compel one particular to try this which 1 can not perhaps execute. 'In which the law creates a responsibility or demand, plus the check here occasion is disabled to complete it, with no default in him, and has no cure in excess of it, there the legislation will generally speaking justification him.'
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(x) In instances exactly where some Best Lawyer In Ayodhya faziabad landowners have chosen to consider recourse to litigation and have obtained interim orders restraining getting of possession or orders of standing quo, being here a make a difference of sensible truth it can be not possible for your authorities or The federal government to just take possession or to produce payment of payment on the landowners. In quite a few cases, this sort of interim orders even have impeded the creating of the award;