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299. In circumstances where some landowners have chosen to just take recourse to litigation (which they've got a ideal to) and have obtained interim orders on having possession or orders of position quo, as being a make any difference of useful actuality it truly is not possible for your authorities or Point out officials to take the possession or to create payment of the compensation.
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The Higher Courtroom granted interim stay restraining the Authority from taking over the possession of the aforesaid 3 plots. Other than the aforesaid 3 plot, the possession of the complete land was taken more than via the Authority.
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"26. Inside our belief, the theory of restitution takes treatment of this submission. The word "restitution" in its etymological sense signifies restoring to a celebration on the modification, variation or reversal of a decree or buy, what is misplaced to him in execution of decree or buy of the courtroom or in direct consequence of a decree or get (see Zafar Khan v. Board of Profits, U.P. [1984 Supp SCC 505]). In legislation, the term "restitution" is Employed in a few senses:
ten.8 As already pointed out, if an award is not really built inside of a period of two years from the day from the publication from the declaration, then beneath Segment 11A of Act, 1894, the acquisition of the land would lapse. But in computing the reported duration of two a long time, the check here interval during which a declaration beneath Area six in the Act, 1894 is stayed and during which period of time the no action or even further continuing might have been taken pursuant thereto by an order best civil lawyer in ayodhya faizabad of court docket, is excluded.
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Supplied that no award shall be created by the Collector underneath this sub-section with no read more previous acceptance of the right Governing administration or of this sort of officer as the suitable Govt may well authorize In this particular behalf:
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