(xii) The litigation initiated through the landowners must be decided on its individual merits and some great benefits of Portion 24(two) should not be accessible to the litigants in a very straightjacket way.
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(b) wherever an award under mentioned portion 11 has long been built, then these proceedings shall continue on under the provisions with the claimed Land Acquisition Act, as In the event the claimed Act hasn't been repealed.
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In many instances, in numerous Significant Courts writ petitions were dismissed by The only Choose Benches plus the writ appeals have been pending for a very long time and through which, with respect to A part of land of your tasks, endeavours have been built to obtain the good thing about Portion 24(2).
(xiv) Interim order of remain granted in one of many issues of your landowners would result in a whole restraint over the authorities to continue even more to difficulty declaration;
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A different solution would necessarily mean that, For illustration, where two landowners (sought for being displaced from their lands by the identical notification) are awarded payment, of whom just one will allow the issue to achieve finality - and moves on, another obdurately seeks to stall the general public intent fundamental the acquisition, by filing a person or series of litigation, during the pendency of which interim orders may possibly inure and bind the get-togethers, the latter would profit and be rewarded, While using the considered lapse situation less than Segment 24(two).
Portion six(b) of the General Clauses Act, 1897, offers that repeal is not going to influence the past operation of any enactment so repealed or something duly performed or endured thereunder.
ten.ten We notice that the expression "in which no award beneath Area eleven with the reported Land Acquisition Act is manufactured" needs to be browse contextually instead of Through a simple reading. This is because a land owner who may have an interim purchase of remain read more of even further proceedings pursuant on the declaration made below Section six with the Act, 1894 issued by a Courtroom of legislation and has thereby restrained the Collector/Land Acquisition Officer from generating an award are unable to thereafter by contending that as on 01.
Clarification.-In computing the duration of two decades read more referred to On this area, the interval throughout which any action or proceeding to get taken in pursuance of your reported declaration is stayed by an order of a court shall be excluded.
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Although provision of Part 24 doesn't discriminate involving landowners, who're litigants or non-litigants and address them otherwise with respect to the same acquisition, it's important to see all of these in the stand level with more info the intention of the Parliament. In any other case, anomalous outcomes may perhaps arise and provisions might come to be discriminatory in by itself;
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