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(xii) The litigation initiated from the landowners has to be selected its individual deserves and the advantages of Section 24(2) shouldn't be accessible to the litigants inside of a straightjacket way.

The doctrine "commodum ex injuria sua nemo habere debet" which is benefit are not able to accrue to a celebration from his personal Mistaken. Provisions of Area 24 don't discriminate litigants or non-litigants and take care of them in different ways with respect to the same acquisition, if not, anomalous results might occur and provisions may perhaps turn out to be discriminatory in alone.

"seventeen. No litigant can derive any gain from mere pendency of the case inside a court docket of legislation, because the interim get normally merges in the final get being handed in the situation, and In case the writ petition is in the end dismissed, the interim buy stands nullified immediately.

Parliament inside our look at did not plan to confer Advantages to such litigants for the aforementioned causes. Litigation can be frivolous or could possibly be deserving.

Not obtaining done so even after a leeway of 5 years, would cross the bounds of legislative tolerance, after which the whole continuing would be deemed to obtain lapsed.

Besides the issue of deserves, when There's an interim buy with regard towards the possession or buy of position quo or stay of even more proceedings, the authorities can't commence; nor can they pay compensation.

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your complete proceedings to the acquisition in the land shall lapse: Furnished that inside a case where the claimed declaration has actually been released prior to the commencement of your Land Acquisition (Amendment) Act, 1984 the award shall be built inside a period of two several years from this kind of commencements.

(two) Notwithstanding anything at all contained in sub-portion (1), get more info in case of land acquisition proceedings initiated beneath the Land Acquisition Act, 1894 (one of 1894), in which an award underneath the said area eleven continues to be designed 5 years or more just before the commencement of this Act though the physical possession in the land hasn't been taken or maybe the compensation has not been paid the explained proceedings shall be considered check here to obtain lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of these land acquisition afresh in accordance Along with the provisions of the Act:

Hence, it will become the responsibility of the courts to view that these types of wrongdoers are discouraged at each stage, and in get more info some cases should they achieve prolonging the litigation because of their cash electric power, in the long run, they have to suffer the costs of each one of these a long time' prolonged litigation.

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321. It is not the coverage of regulation that untenable claims need to get fructified because of delay. Likewise, sufferance of the one that abides by law will not be permissible.

It had been further held that the institution of your litigation by it should not be permitted to confer an unfair edge on the social gathering responsible for it.

18. In Ram Krishna Verma v. Point out of U.P. [(1992) two SCC 620], this Court examined an analogous situation although placing reliance on its earlier judgment in Grindlays Financial institution Ltd. v. CIT [(1980) 2 SCC 191] and held that no man or woman can experience the act in the court docket and click here just in case an interim order has long been passed, and the petitioner can take advantage thereof, and finally the petition is found being without any benefit and is dismissed, the fascination of justice demands that any undeserved or unfair edge attained by a party invoking the jurisdiction with the court have to be neutralised."

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