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(viii) It isn't the intendment from the Act, 2013 that those who have assailed the acquisition process really should get great things about greater compensation as contemplated under Portion 24;The doctrine "commodum ex injuria sua nemo habere debet" that is definitely usefulness can't accrue to a celebration from his possess Completely wrong. Provisions of Portion 24 never discriminate litigants or non-litigants and treat them otherwise with regard to exactly the same acquisition, usually, anomalous effects might come about and provisions could come to be discriminatory in itself.
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"61. The strategy of restitution is pretty much a common legislation principle, and It is just a cure in opposition to unjust enrichment or unjust advantage. The Main in the thought lies while in the conscience with the court, which prevents a celebration from retaining cash or some profit derived from An additional, which it's got been given by way of an erroneous decree with the court docket.
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The text "remain of the motion or proceeding" are already extensively interpreted by this Court docket and suggest that any check here type of the orders passed by this Court docket can be an inhibitive motion within the part of the authorities to progress further. If the motion of conducting an enquiry underneath Portion five-A was place in situation plus the declaration less than Portion 6 was questioned, always Unless of course the Court retains that enquiry less than Portion five-A was appropriately executed plus the declaration revealed below Segment six was legitimate, it would not be open to the officers to carry on further more to the issue.
(ii) Only in cases of lethargy or inaction and default on the part of the authorities and for no other reason lapse more info of acquisition can manifest;
Portion 6(b) of the overall Clauses Act, 1897, delivers that repeal will not likely have an effect on the past Procedure of any enactment so repealed or something duly accomplished or experienced thereunder.
The court has inherent jurisdiction to buy restitution in order to do total justice. This is often also within the principle that an unsuccessful litigant who had the good thing about an interim order in his favour are unable to encash or reap the benefits of the same about the enforcement of your Act, 2013 by at first stalling the acquisition course of action and afterwards searching for an increased payment under the provisions of Act, 2013.
Such a consequence, inside the viewpoint of this Court docket, was hardly ever supposed by Parliament; Additionally, the restitutionary theory needs that the gain obtained through the litigant needs to be suitably offset, in favour of get more info the other occasion.
The regulation would not compel a single to try this which just one cannot potentially carry out. 'Where the regulation generates a duty or cost, and also the occasion is disabled to execute it, with none default in him, and has no solution more than it, there the regulation will normally excuse him.'
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