(viii) It is not the intendment with the Act, 2013 that those who have assailed the acquisition process must get advantages of increased payment as contemplated below Area 24;

fifteen. In the case of Indore Advancement Authority (supra), even this Court used the theory of restitution. It truly is observed which the basic principle of restitution is Started on the ideal of doing full justice at the end of litigation, and parties ought to be placed in exactly the same position but with the litigation and interim buy, if any, handed from the issue.

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319. In Standard Chartered Lender v. Directorate of Enforcement [(2005) 4 SCC 530], the lawful maxim "impotentia excusat legem" has been placed on keep that legislation does not compel a man to try this which cannot quite possibly be carried out. Though the maxim with respect into the impossibility of performance is probably not strictly relevant, on the other hand, the result in the court's buy, In the interim, made the authorities disable to fulfil the obligation.

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8.one It is more submitted by discovered counsel showing on behalf of the first landowners - first writ petitioners that as such there is absolutely no distinct provision produced in Section 24(one) from the Act, 2013 into the influence the duration of interim remain and/or pendency of your writ petition shall be excluded. That's why, as per the settled proposition of regulation, a statute has to be examine as it really is.

(i) the act with the Court shall prejudice no person; (ii) nobody is bound to do an impossibility; (iii) legislation would not compel a more info man to do this which he cannot perhaps accomplish; (iv) exactly where legislation makes a duty or cost as well as party is disabled to complete it, with none default and it has no remedy above, there the regulation will in general excuse him; (v) it is not the intendment on the Act, 2013 that whoever has litigated should really get benefits of larger here compensation as contemplated underneath Portion 24 of the Act, 2013.

This class of people who perpetuate unlawful functions by obtaining stays and injunctions with the courts has to be built to pay the sufferer not simply the whole unlawful gains produced by them as fees to the person deprived of his proper more info and also need to be burdened with exemplary expenditures.

"22. The jurisdiction to help make restitution is inherent in just about every court and may be exercised Every time the justice of the situation needs. It will likely be exercised less than inherent powers, exactly where the situation did not strictly website tumble in the ambit of Area 144. Portion a hundred and forty four opens Together with the terms:

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(a) in which no award beneath section eleven of your reported Land Acquisition Act has long been built, then, all provisions of the Act regarding the willpower of compensation shall implement; or

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