(xiii) Any sort of purchase handed by this Court docket would inhibit motion to the Portion of the authorities to continue even more, any time a challenge to acquisition is pending;
The doctrine "commodum ex injuria sua nemo habere debet" that may be comfort simply cannot accrue to a party from his own Erroneous. Provisions of Part 24 never discriminate litigants or non-litigants and address them in different ways with respect to the exact same acquisition, usually, anomalous effects may well manifest and provisions could develop into discriminatory in itself.
(iii) the apportionment of the reported compensation amongst all of the folks acknowledged or believed to be interested while in the land, or whom, or of whose promises, he has facts, if they may have respectively appeared before him:
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In that view in the matter, it can be securely concluded the legislature has consciously omitted to extend the duration of 5 years indicated in Segment 24(two) even when the proceedings were delayed on account of the get of continue to be or injunction granted by a court of legislation or for almost any reason.
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(iii) Lapse of acquisition takes spot only in case of default because of the authorities acquiring the land, not a result of another motive or purchase in the get more info court;
It can't be claimed hence, that it was as a result of inaction on the authorities that possession couldn't be taken within just five several years. Public policy is never to read more foment or foster litigation but set an finish to it.
28. That not one person shall go through by an act of your court is not a rule confined to an faulty act of the court docket; the "act with the courtroom" embraces within just its sweep all this kind of acts regarding which the court docket may well sort an belief in any authorized proceedings that the court docket wouldn't have so acted had it been properly apprised from the facts and also the regulation.
314. The maxim "lex non cogit ad impossibilia" means that the legislation will not be expecting the performance in the unachievable. Even though payment is feasible nevertheless the logic of payment is appropriate.
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(v) If it was not possible with the getting authorities, for virtually any cause not attributable to them or click here The federal government, to choose requisite techniques, the period must be excluded;
(3) The determination of compensation for any land below sub-section (2) shall not in almost any way affect the dedication of compensation in regard of other lands in the same locality or elsewhere in accordance with one other provisions of the Act.
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