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Following the dismissal, of the lis, the bash concerned is relegated for the posture which existed just before the submitting with the petition in the court docket which had granted the stay. Grant of continue to be will not quickly amount of money to extension of a statutory protection." ' "
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The additional payment @ twelve% is excluded with the period of time acquisition proceedings are already held up on account of the interim injunction get of any court docket.
"eleven. Enquiry and award by Collector. - (one) About the day so mounted, or on some other day to which the enquiry continues to more info be adjourned, the Collector shall continue to enquire into the objection (if any) which anyone fascinated has said pursuant into a recognize provided below Part nine into the measurements built less than part 8, and into the value from the land at the day on the publication from the notification under portion 4, sub-section (one), and in the respective passions from the folks boasting the payment and shall make an award underneath his hand of-
This class of people who perpetuate illegal acts by obtaining stays and injunctions from your courts need to be built to pay for the sufferer don't just the entire unlawful gains produced by them as fees to the individual deprived of his correct and also must be burdened with exemplary charges.
There are actually conditions wherein more info payment was tendered, but refused and afterwards deposited while in the treasury. There was litigation in courtroom, which was pending (or in some instances, determined); earlier references for improvement of compensation had been sought and payment was Increased.
during which there can be interim orders like but not here limited to "stay of additional proceedings", "continue to be of dispossession" or "position quo to generally be preserved by both equally the land operator and also the buying authority".
Among the reasons would be that the click here acquisition proceedings are assailed both prior to the High Court under Write-up 226 with the Structure of India or by submitting a civil here accommodate ahead of the Civil Court docket trying to get particular reliefs,
(xix) When You will find there's disability to complete a Element of the law, this type of demand has to be excused. When functionality of your formalities prescribed by a statute is rendered not possible by conditions around which the persons concerned have no Management, it should be taken as a sound justification;
(x) In scenarios wherever some landowners have selected to choose recourse to litigation and possess obtained interim orders restraining using of possession or orders of status quo, as being a make a difference of useful reality it's impossible with the authorities or the Government to consider possession or to create payment of compensation to the landowners. In a number of instances, these interim orders even have impeded the making of the award;