Now, it can be without doubt accurate that in these several notifications referred to over, the Central Governing administration has, while granting exemption underneath Rule 8(1), utilized specified language indicating that the exemption, full or partial, granted below each these notification is in respect of excise responsibility leviable beneath the Central Excises and Salt Act, 1944.

"thirteen. ... [the] continue to be granted through the court docket would not confer a proper upon a celebration and it is granted often issue to the final results of the matter inside the courtroom and within the hazards and prices of your bash obtaining the remain.

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thirteen. Repelling the submission that there is no Specific provision in Portion 24, that excludes the period of time all through which any interim purchase was operative, blocking the State from producing an award, it can be noticed and held that preventing the State from using the possession of acquired land or from providing influence into the award, in a particular case or circumstances, are unable to bring about the inclusion of such period or periods for the purpose of reckoning the period of five years.

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The omission to offer for exclusion of time throughout which interim orders subsisted, while pinpointing if acquisitions lapsed, inside the current circumstance, is a clear results of inadvertence or check here incident, obtaining regard to the subject-matter, refusal to use the principle underlying the maxim actus curiae neminem gravabit would result in injustice."

The ideas underlying are lex non cogit advertisement impossibilia (the regulation more info doesn't compel a man to perform the extremely hard) and actus curiae neminem gravabit (the act of court shall prejudice no person).

The instant case may well not strictly tumble in the phrases of Segment one hundred forty four, although the aggrieved get together in such a case can attract the much larger and normal powers of restitution inherent in just about every courtroom."

Therefore, the implication is the fact if there is inaction on the Component of the Collector in passing the award for any duration of two many years from the date click here of publication of your declaration, then the acquisition would lapse.

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(xxi) No particular person can are afflicted with the act of Court docket and an unfair benefit of the interim buy need to be neutralised;

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It really is contended that in any case, once the award could not be declared because of the pendency in the writ petition and/or the interim keep granted through the Higher Court docket, landowners can't be permitted to take the benefit of payment under the Act, 2013.