Act 2013 - Department of Land Resources

Act 2013 - Department of Land Resources Act 2013 - Department of Land Resources

13.07.2015 Views

28 THE CAZETTE OF INDIA EXTRAORDINARY [Pem II-Re-determinationofamount ofcompensationon th€ basis oflhe award ofthe Authority.Appcal loHigh Court.73. (/) Where in an award under this Chapter, the Authority concemed allows to theapplicant any amount ofcompensation in excess ofthe amount awarded by the Collectorunder section 23, the persons interested in all the other land covered by the same preliminarynotification under section I l, and who are also aggrieved by the award ofthe Collector may'notwithstanding that they had not made an application to the Collector, by written applicationto the Collector within three months from the date ofthe a\,vard ofthe Authority concernedrequire that the amount ofcompensation payable to them may be re-determined on the basisofthe amount ofcompensation awarded by the Authority:Provided that in computing the period ofthree months within which an application tothe Collector shall be made under this sub-s€ction, the day on which the award waspronounced and the time requisite for obtaining a copy ofthe award shall be excluded.(2) The Collector shall, on receipt ofan application under sub-section (/), conduct aninquiry after giving notice to all the persons interested and giving them a reasonableopportunity of being heard. and make an award determining the amount of compensationpayable to the applicants.(3) Any person who has not accepted the award under sub-section (2) may, by wrinenapplication to the Collector, require that the maner be referred by the Collector for thedetermination of the Authority concemed.74" (/) The Requiring Body or any person aggrieved by the Award passed by anAuthority under section 69 may file an appeal to the High Court within sixry days from thedate ofAward:Provided that the High Court may, if it is satisfied that ihe aPpellant was prevented bysufficient cause from filing the appeal within the said period, allow it to be filed within afurther period not exceeding sixty days.(2) Every appeal referred to under sub-section (,1) shall be heard as expeditiously aspossible and endeavour shall be made to dispose ofsuch appeal rvithin six months from thedate on which the appeal is presented to the High Coun.E\planation.-.For the purposes of this section. "High Court" means the High Courtwithin the jurisdiction of which the land acquired or proposed to be acquired is situated.CHAMER IXAppoartoNuEl'tr oF coMPENsATloNParticulars ofapportionmenlto bespecilied.Dispute as toapporlionment.?5. When there are several persons interested. ifsuch persons agree in the aPportionmentofthe compensation, the particulars ofsuch apportionment shall be specified in the award,and as between such persons the award shall be conclusive evidence of the correctness ofthe apportionment.76. When the amount ofcompensation has been settled, if any dispute arises as to theapportionment ofthe same or any part thereof. or as to the persons to whom the same or anypart thereof is payable, the Collector may refer such disputes to the Authority.CHAPTERXPaYMF:N]Pa)1ncnt ol'co pensalioIor dcposil ol'Aulhority77. (/) On making an award under section 30, the Collector shall tender payment ofthecompensation awarded by him to the persons interested entitled thereto according to theaward and shall pay it to them by depositing the amount in their bank accounts unlessprevented by someone or more oithe contingencies mentioned in sub'section (2).(2) Iflhe person entitled to compensation shall not consent Io receive it. or ifthere bcno person competent to alienate the land, or ifthere be any dispute as to the title to receivethe compensation or as to the apportionment of it, the Collector shall deposit the amount of

Sec. 2lTHE GAZETTE OF INDIA EXTRAORDINARY29the compensation in the Aulhority to which a reference under section 64 would besubmitted:Provided that any person admitted to be interested may receive such payment underprotest as to the sufficiency ofthe amount:Provided further that no person who has received the amount otherwise than underprotest shall be entitled to make any application under sub-section (,/) ofsection 64:Provided also that nothing herein contained shall affect the liability of any person,who may receive the whole or any part ofany compensation awarded under this Act, to paythe same to the person lawfully entitled thereto.?8. (/) If any money is deposited in the Authority concemed under sub-section (2)of section 7'1 and il appears that the land in respect whereof the same was awardedbelonged to any person who had no power to alienate the same, the Authority concernedshall-(a) order the money to be invested in the purchasc of other lands to be heldunder the like title and conditions ofownership as the land in respect ofwhich suchmoney shall have been deposited wes held; or(b) ifsuch purchase cannot be effected forthwith, then in such Government ofother approved securities as the Authority concerned shall think fit,lnvestm€nt ofmoneydeposited inrespecl oflandsbelonging topersonincompetentto alienate.and shall direct the payment ofthe interest or other proceeds arising from such investmentto the person or persons who would for thc time being have b€en entitled to the possessionofthe said land, and such moneys shall remain so deposited and invested until the same beapplied-(i) in the purchase ofsuch other lands as aforesaid; or(ii) in payment to any person or persons becoming absolutely entitled thereto.(2) In all cases ofmoney deposited to which this section applies the Aulhority concemedshall order the costs of the following matlers, including therein all reasonable charge andexpenses incident thereon, to be paid by the Collector, namely:-(a) the costs of such investments as aforesaid;(b) the costs ofthe orders for the payment of the interest or other proceeds ofthe securities upon which such moneys are for the rime being invested, and for thepayment out ofthe Authority concemed ofthe principal ofsuch moneys, and ofallproceedings relating thereto, except such as may be occasioned by litigation betweenadverse claimants.79. When any money shall have been deposited in the Authority concemed under thisAct for any cause other than the causes mentioned in section 78, the Authority may, on theapplication ofany party interested or claiming an interest in such money, order the same tobe invested in such Government or other approved securities as it may think proper, and paidin such manner as it may consider will give the parties intercsted therein the same benefitfrom it as they might have had from the land in respect whereofsuch money shall have beendeposited or as near thereto as may be.80. When the amount of such compensation is not paid or deposited on or beforetaking possession of the land, the Collector shall pay the amount awarded with interestthereon at the rate ofnine per cent. per annum fiom the time ofso tqking possession until itshall have been so paid or deposited:Investment ofmon cydeposited inother cases.Iralnrcnl ofintorcst.Provided that ifsuch compensation or any pan thereofis nol paid or deposited withina period ofone year from the date on which possession is taken, interest at the rcte offifteenper cent. per annum shall be payable ffom the dale or expiry ofthe said period ofone year onthe amount ofcompensation or part thereofwhich has not been paid or deposited before thedate ofsuch expiry.

Sec. 2lTHE GAZETTE OF INDIA EXTRAORDINARY29the compensation in the Aulhority to which a reference under section 64 would besubmitted:Provided that any person admitted to be interested may receive such payment underprotest as to the sufficiency <strong>of</strong>the amount:Provided further that no person who has received the amount otherwise than underprotest shall be entitled to make any application under sub-section (,/) <strong>of</strong>section 64:Provided also that nothing herein contained shall affect the liability <strong>of</strong> any person,who may receive the whole or any part <strong>of</strong>any compensation awarded under this <strong>Act</strong>, to paythe same to the person lawfully entitled thereto.?8. (/) If any money is deposited in the Authority concemed under sub-section (2)<strong>of</strong> section 7'1 and il appears that the land in respect where<strong>of</strong> the same was awardedbelonged to any person who had no power to alienate the same, the Authority concernedshall-(a) order the money to be invested in the purchasc <strong>of</strong> other lands to be heldunder the like title and conditions <strong>of</strong>ownership as the land in respect <strong>of</strong>which suchmoney shall have been deposited wes held; or(b) ifsuch purchase cannot be effected forthwith, then in such Government <strong>of</strong>other approved securities as the Authority concerned shall think fit,lnvestm€nt <strong>of</strong>moneydeposited inrespecl <strong>of</strong>landsbelonging topersonincompetentto alienate.and shall direct the payment <strong>of</strong>the interest or other proceeds arising from such investmentto the person or persons who would for thc time being have b€en entitled to the possession<strong>of</strong>the said land, and such moneys shall remain so deposited and invested until the same beapplied-(i) in the purchase <strong>of</strong>such other lands as aforesaid; or(ii) in payment to any person or persons becoming absolutely entitled thereto.(2) In all cases <strong>of</strong>money deposited to which this section applies the Aulhority concemedshall order the costs <strong>of</strong> the following matlers, including therein all reasonable charge andexpenses incident thereon, to be paid by the Collector, namely:-(a) the costs <strong>of</strong> such investments as aforesaid;(b) the costs <strong>of</strong>the orders for the payment <strong>of</strong> the interest or other proceeds <strong>of</strong>the securities upon which such moneys are for the rime being invested, and for thepayment out <strong>of</strong>the Authority concemed <strong>of</strong>the principal <strong>of</strong>such moneys, and <strong>of</strong>allproceedings relating thereto, except such as may be occasioned by litigation betweenadverse claimants.79. When any money shall have been deposited in the Authority concemed under this<strong>Act</strong> for any cause other than the causes mentioned in section 78, the Authority may, on theapplication <strong>of</strong>any party interested or claiming an interest in such money, order the same tobe invested in such Government or other approved securities as it may think proper, and paidin such manner as it may consider will give the parties intercsted therein the same benefitfrom it as they might have had from the land in respect where<strong>of</strong>such money shall have beendeposited or as near thereto as may be.80. When the amount <strong>of</strong> such compensation is not paid or deposited on or beforetaking possession <strong>of</strong> the land, the Collector shall pay the amount awarded with interestthereon at the rate <strong>of</strong>nine per cent. per annum fiom the time <strong>of</strong>so tqking possession until itshall have been so paid or deposited:Investment <strong>of</strong>mon cydeposited inother cases.Iralnrcnl <strong>of</strong>intorcst.Provided that ifsuch compensation or any pan there<strong>of</strong>is nol paid or deposited withina period <strong>of</strong>one year from the date on which possession is taken, interest at the rcte <strong>of</strong>fifteenper cent. per annum shall be payable ffom the dale or expiry <strong>of</strong>the said period <strong>of</strong>one year onthe amount <strong>of</strong>compensation or part there<strong>of</strong>which has not been paid or deposited before thedate <strong>of</strong>such expiry.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!