In addition to the stated part and many provisions in different other Functions, There exists the overall theory that a celebration prevented from performing an act by some circumstances beyond his Manage, can perform so at the main subsequent prospect (see Sambasiva Chari v. Ramasami Reddi [ILR (1899) 22 Mad 179]). The fundamental object on the basic principle would be to help an individual to carry out what he might have accomplished on getaway, on the next Performing working day.
seven.one It can be submitted which the Superior Court docket hasn't appropriately appreciated the fact that therefore the Exclusive Land Acquisition Officer couldn't declare the award mainly because of the pendency with the writ petitions ahead of the Superior Courtroom and/or the interim remain granted with the Higher Courtroom possibly restraining the Authority from taking over the possession and/or directing to take care of the established order.
Consequently, whenever they ended up incapable of undertaking, they must be permitted to perform at the 1st readily available prospect, which can be time prescribed with the statute for them i.e. the total period of 5 several years excluding the period of the interim purchase.
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two. Experience aggrieved and dissatisfied Together with the respective judgments and orders/purchase(s) passed through the Superior Court docket of Judicature at Allahabad handed in respective writ petitions preferred with the non-public respondents herein - first landowners by which the Substantial Court has disposed of the said writ petitions by directing the respective appellant(s) - Progress Authorities to pay for the payment to the first landowners as per "The ideal to Honest Payment and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter known as the "Act, 2013)" on the ground that click here over the date on which the Act, 2013 arrived into drive, no award below Segment 11 of your Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1894") was declared with regard on the lands obtained, the respective Progress Authorities have chosen the present appeals.
(xviii) A celebration prevented from doing an act by certain circumstances past his Management can do so at the 1st subsequent possibility;
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It is actually contended that in almost any case, when the award couldn't be declared due to the pendency with the writ petition here and/or the interim keep granted by the Substantial Court docket, landowners cannot be permitted to just take the good thing about compensation beneath the Act, 2013.