It isn't the situation with the appellants that they're being requested to pay for the cost in excess of what they have realised with the exports or that the worth appointed by the respondent State is in almost any way arbitrary or unreasonable."
fifteen. In the case of Indore Development Authority (supra), even this Courtroom used the theory of restitution. It's observed that the theory of restitution is Launched on the ideal of undertaking complete justice at the end of litigation, and get-togethers must be placed in the identical posture but with the litigation and interim order, if any, passed inside the matter.
"17. No litigant can derive any benefit from mere pendency of the case inside a court docket of law, since the interim order always merges in the ultimate purchase to get handed in the situation, and When the writ petition is finally dismissed, the interim buy stands nullified mechanically.
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“Kahiye ki kya sunau afsane khushgawari ke, ye shehar hai tehzeeb aor nawabo ka, har shaks yahan bolta meetha hai” – Mohd Afzal Khan (Creator)
"26. Inside our feeling, the basic principle of restitution normally takes care of the submission. The word "restitution" in its etymological perception signifies restoring to a party on the modification, variation or reversal of the decree or purchase, what continues to be lost to him in execution of decree or buy in the court docket or in direct consequence of the decree or purchase (see Zafar Khan v. Board of Earnings, U.P. [1984 Supp SCC 505]). In legislation, the term "restitution" is Employed in three senses:
(2) Notwithstanding anything at all contained in sub-area (1), in the event of land acquisition proceedings initiated beneath the Land Acquisition Act, 1894 (1 of 1894), exactly where an award under the claimed part 11 continues to be built 5 years or more ahead of the commencement of the Act nevertheless the physical possession of your land hasn't been taken or maybe the payment has not been compensated the stated proceedings shall be deemed to acquire lapsed and the right Government, if it so chooses, shall initiate the proceedings of this sort of land acquisition afresh in accordance Along with the provisions of the Act:
The provisions of more info Portion 24 Solid an obligation upon the authorities to choose techniques that means thereby that it's open to them to acquire these kinds of measures, and inaction or lethargy on their own portion has not been countenanced by Parliament. Resultantly, lapse of proceedings will take place. It is actually here with the extremely mother nature from the provisions if it absolutely was not possible for authorities for almost any purpose not attributable to them or The federal government to get requisite techniques, the time period needs to be excluded.
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(a) in which no award underneath area 11 from the mentioned Land Acquisition Act has been designed, then, all provisions of the Act referring to the more info perseverance of get more info compensation shall utilize; or
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