35 Temporary occupation of waste or arable land, procedure when difference as to compensation exists:-
Subject to the provisions of Part VII of this Act, whenever it appears to the 75
[appropriate Government] that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.
The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof, for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. State Amendments
Bihar (i) In section 35, in sub-section (1),
after the words whenever it appears to the appropriate Government, insert the words or the Collector;
after the words the appropriate Government, may direct the collector to, insert the words , or the collector may;
after the words for such term as it insert the words or he;
at the end add the following Explanation, namely:
Explanation. This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of forest, orchard or trees. [ Vide Bihar Act 11 of 1961, sec. 11 (w.e.f. 1-6-1961)].
Gujarat (1) In section 35, in sub-section (1), omit the words waste or arable. [ Vide Gujarat Act 20 of 1965, sec. 17 (w.e.f. 15-8-1965)].
After sub-section (1), insert the following sub-section, namely:
, (1B), (1C) Sub-sections (1A), (1B), (1C) are the same as that of Maharashtra (a). [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
Karnataka (i) In section 35, after sub-section (1), insert the following sub-sections, namely:
, (1B), (1C),, Sub-sections (1A), (1B), (1C) are the same as that of Maharashtra (a) with the modification that for the word Collector, words Deputy Commissioner are to be read.
In sub-section (2), for the words The Collector shall thereupon, substitute the words Upon the issue of a direction under sub-section (1) the Deputy Commissioner shall. [ Vide Mysore Act 17 of 1961, sec. 30 (w.e.f. 24-8-1961)].
For the word Collector,, wherever it occurs, substitute the words Deputy Commissioner. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra In section 35,
after sub-section (1), insert the following sub-sections, namely: (1A) Before issuing a direction under sub-section (1)the State Government may require the Collector to submit
a plan of the land which is needed for occupation and use; and
an estimate of the compensation that would be payable under sub-section (2); and upon the issue of such requisition the Collector shall public cause public notice of the substance of the requisition to be given at convenient places in the locality in which the land is situated.
In sub-section (2), for the words the Collector shall thereupon, substitute the words upon the issue of a direction under sub-section (1) the Collector shall. [ Vide Bombay Act XXXV of 1953, sec. 10 (w.e.f. 10-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
After the issue of such notice, it shall be lawful for any officer either generally or specially authorised by the Collector in this behalf, and for his servants and workmen to exercise the powers conferred by sub-section (2) of section 4.
The officer authorised under sub-section (1B) shall at the time of his entry pay or tender payment for all necessary damage to be done as aforesaid and, in the case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall be final.;