(xii) The litigation initiated through the landowners must be selected its individual deserves and the main advantages of Area 24(two) should not be available to the litigants within a straightjacket method.
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299. In situations wherever some landowners have selected to take recourse to litigation (which they've a correct to) and possess obtained interim orders on getting possession or orders of position quo, like a matter of functional reality it truly is not possible for that authorities or Condition officials to take the possession or to make payment in the payment.
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["11-A. Period in just which an award shall be created.-The Collector shall make an award under Area 11 in just a duration of two decades from your day with the publication in the declaration and if no award is produced in just that period of time.
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Even the Award underneath Portion eleven of Act, 1894 was also declared other than in regard of here your aforesaid a few plots in question, a result of the pendency from the writ petition prior to the Significant Court docket and due to the interim order passed via the Superior Courtroom. It Is that this sizeable fact, that has led us to think about this situation in light-weight of the real intention with the Parliament under Area 24(1)(a) of click here the Act, 2013.
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Consequently, if respondents herein, who website litigated and received the stay get at the moment are to generally be paid out the payment underneath the Act, 2013 on the ground that so read more far as they are involved, the award hasn't been declared as about the day on which the Act, 2013 has long been enforced, in that case, there could well be two unique quantities of compensation with regard to the landowners beneath the identical notification and that would cause discrimination among the landowners whose lands are obtained underneath the exact same notification, which would under no circumstances are actually the intention in the Parliament.
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Furnished that no award shall be produced by the Collector under this sub-segment without the past acceptance of the right Authorities or of this kind of officer as the suitable Govt may perhaps authorize in this behalf:
Even when there were a provision manufactured with regard towards the exclusion of click here your time spent while in the court docket proceedings with respect to interim remain as a consequence of court's buy, it might have been ex abundanti cautela, which has been regarded by this Court in Union of India v.
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