All which the Point out Govt is demanding from your appellants is the cost of the insignificant minerals. Rent, royalty or tax has presently been recovered because of the Point out Governing administration and, for that reason, there isn't any need less than that head.
There ought constantly Therefore to be an invincible disability to complete the obligation, and precisely the same is akin into the Roman maxim nemo tenetur advertisement extremely hard. In Broom's Legal Maxims, the condition of your situation continues to be described as below:
'5. ... Technique has long been described to be a handmaid rather than a mistress of legislation, meant to subserve and facilitate the reason for justice rather than to control or obstruct it. Like all regulations of method, this rule needs a development which would encourage this result in.
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It is actually submitted which the very same analogy shall be relevant in a situation where by the Authority couldn't declare the award below Section 11 with the Act, 1894 on account of subsistence in the interim purchase passed from the Courtroom.
The omission to deliver for exclusion of time in the course of which interim orders subsisted, whilst analyzing if Adv Ravi Shankar Yadav acquisitions lapsed, while in the current circumstance, is a clear result of inadvertence or accident, getting regard to the topic-make a difference, refusal to use the basic principle underlying the maxim actus curiae neminem gravabit would end in injustice."
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2014) nevertheless the physical possession of your land hasn't been taken or the payment has not been paid, then the claimed proceedings of acquisition shall be deemed to have lapsed. An interpretation of sub-segment two of Part 24 in the Act continues to be produced by this Courtroom in Indore Advancement Authority (supra). It's been Obviously held in para that although calculating the period of five years the period all through which an interim purchase was under operation should be excluded.
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While provision of Section 24 isn't going to discriminate concerning landowners, who're litigants or non-litigants and handle them differently with respect to precisely the same acquisition, it's important to view all of them through the stand place of the intention from the Parliament. Normally, anomalous success may take place and provisions could develop into discriminatory in alone;
(xi) Even so, as far as awards are involved, the interval presented for earning of awards under the Act, 2013 (sic 1894 Act) could possibly be excluded by advantage of Explanation to Area 11-A, which supplied that in computing the period of two yrs, the period of time throughout which any motion or proceeding to become taken in pursuance on the declaration is stayed by an get of a court shall be excluded;