It isn't the scenario with the appellants that they are remaining asked to pay the price greater than what they've realised with the exports or that the value appointed via the respondent Point out is in almost any manner arbitrary or unreasonable."
The doctrine "commodum ex injuria sua nemo habere debet" which is comfort cannot accrue to a party from his personal wrong. Provisions of Portion 24 never discriminate litigants or non-litigants and take care of them differently with regard to exactly the same acquisition, or else, anomalous benefits may well occur and provisions may perhaps grow to be discriminatory in by itself.
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(two) Notwithstanding just about anything contained in sub-area (one), if at any phase from the proceedings, the Collector is content that every one the persons enthusiastic about the land who appeared right before him have agreed in writing around the matters to be A part of the award of your Collector in the form prescribed by regulations created by the right Govt, he may perhaps, with out producing further enquiry, make an award in accordance with the conditions of these arrangement.
Not having accomplished so even after a leeway of five years, would cross the limits of legislative tolerance, and then the whole continuing might be considered to possess lapsed.
nine. Getting read the uncovered counsel showing up on behalf on the respective parties, the problem that's posed for your thing to consider of this Court is:-
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The maxim actus curiae neminem gravabit, which implies the act of your court shall prejudice not click here one person, gets to be applicable in this type of case. In such a actuality scenario, the courtroom is less than an obligation to undo the wrong carried out to a party via the act from the courtroom. Consequently, any undeserved or unfair advantage acquired by a celebration invoking the jurisdiction with the court docket should be here neutralised, since the establishment of litigation can't be permitted to confer any benefit over a suitor from delayed action by the act of your courtroom.
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320. The maxim actus curiae neminem gravabit is Established upon the theory because of court docket proceedings or acts of court docket, no occasion should here really undergo. If any interim orders are made in the pendency in the litigation, They are really matter to the ultimate decision inside the subject.
Actions that urges offline motion which include Actual physical harassment or destruction of residence We don’t clear away written content Because:
It's contended that in almost any situation, once the award could not be declared because of the pendency with the writ petition and/or even the interim continue to be granted with the Significant Court docket, landowners can not be permitted to take the benefit of compensation under the Act, 2013.