(viii) It isn't the intendment of the Act, 2013 that anyone who has assailed the acquisition method must get benefits of higher payment as contemplated less than Section 24;
It's not at all unheard of to realize that the legislature sometimes, that has a perspective to creating its intention apparent further than question, makes use of language ex abundanti cautela however it is probably not strictly vital and in many cases with no it the exact same intention may be spelt out being a make any difference of judicial construction and This is able to be much more so in case of subordinate laws by The manager.
It simply cannot during the conditions bear an extended indicating In order to incorporate Particular excise obligation and auxiliary excise responsibility."
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Presented that exactly where an award continues to be manufactured and compensation in regard of a the greater part of land holdings hasn't been deposited within the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition beneath area 4 of the said Land Acquisition Act, shall be entitled to payment in accordance While using the provisions of this Act."
If possession continues to be taken, payment must be paid out through the buying authorities. Enough time of 5 years is provided for authorities to get motion, not to rest about the subject. In the event of lethargy or machinery and default around the Section of the authorities and for no other motive the lapse is provided.
The phrases "stay with the action or proceeding" have been commonly interpreted by this Court and signify that any sort of the orders passed by this Court docket could be an inhibitive motion on the Section of the authorities to continue even further. If the action of conducting an enquiry beneath Portion five-A was set in challenge as well as declaration beneath Part six was questioned, always unless the Court docket holds that enquiry beneath Portion 5-A was appropriately done along with the declaration posted under Segment 6 was valid, it would not be open on the officers to carry on more in the issue.
If one has loved beneath the court's deal read more with, that period of time cannot be provided in the direction of inaction of your authorities to get requisite steps less than Area 24.
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314. The maxim "lex non cogit advertisement impossibilia" ensures that the law won't hope the overall read more performance in the not possible. Though payment can be done but the logic of payment is relevant.
Lapse is provided only in the here event of default from the authorities attaining the land, not a result of some other reason or buy from the court docket. Once the interpretation of your provision is clear, there was no requirement more info for Parliament to produce this kind of provision below Part 24(2) for exclusion on the duration of the interim order.
(a) exactly where no award under portion eleven in the said Land Acquisition Act continues to be made, then, all provisions of the Act associated with the willpower of compensation shall implement; or
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