best civil lawyer in ayodhya faizabad Things To Know Before You Buy
best civil lawyer in ayodhya faizabad Things To Know Before You Buy
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) Each individual consideration of justice and expediency would call for that the accepted principle, which underlies Section ten of the final Clauses Act, needs to be applied in circumstances the place it does not if not in phrases apply.
(iii) Lapse of acquisition takes spot only in the event of default by the authorities obtaining the land, not a result of another rationale or buy on the courtroom;
"eight. The Large Court's conclusions are mainly depending on the interpretation of Section 18(5) on the Coal Act. The Large Courtroom has quoted the this means of words and phrases "enure" and "benefit" from a variety of dictionaries. No dictionary or any exterior guidance is needed to comprehend the this means of such read more uncomplicated words while in the context and scheme on the Coal Act.
(two) Notwithstanding anything contained in sub-section (one), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where click here an award under the said area eleven has actually been manufactured five years or even more before the commencement of this Act although the Bodily possession of the land hasn't been taken or even the compensation hasn't been paid the reported proceedings shall be deemed to possess lapsed and the right Governing administration, if it so get more info chooses, shall initiate the proceedings of these land acquisition afresh in accordance Together with the provisions of the Act:
10.10 We realize that the expression "where by no award beneath Area eleven with the said Land Acquisition Act has been designed" must be go through contextually and never Through a plain reading. It is because a land proprietor that has an interim buy of remain of even further proceedings pursuant into the declaration created underneath Portion six in the Act, 1894 issued by a Court of regulation and has thereby restrained the Collector/Land Acquisition Officer from creating an award can't thereafter by contending that as on 01.
Since the appellants have dropped through the Courtroom, they cannot be allowed to keep the benefit gained by them underneath the interim orders of the Court. The Significant Courtroom has rightly held the appellants liable for being put in the identical position during which they would have already been if this Court would not have protected them by issuing interim read more orders.
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