31 Payment of compensation or deposit of same in Court.
On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.
If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
Notwithstanding anything in this section, the Collector may, with the sanction of 70
[appropriate Government] instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned.
Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract 1 in respect thereof. State Amendments Andhra Pradesh. In section 31,
in sub-section (1), after the words and shall pay it to them insert the words in a lump sum in a case where it does not exceed five hundred rupees and in all others cases in such number of equal annual instalments not exceeding five as may be determined by the Collector;
to sub-section (1) add the following provisos, namely:
Provided that where the compensation is sought to be paid in instalments, the Collector shall pay instalments of the amount awarded with interest thereon at six per cent per annum from the time of taking possession of the land until the last instalment is paid: Provided further that where possession of land is taken but the compensation awarded is not paid or deposited before the date of commencement of the Land Acquisition (Andhra Pradesh Amendment) Act, 1976, the provisions of this section shall apply in relation to the payment of compensation as if the acquisition proceedings have been started after the date of commencement of the said Act. [ Vide Andhra Pradesh Act 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975)]. Himachal Pradesh. In section 31,
after sub-section (3), insert the following sub-section, namely: 3(a). Notwithstanding anything in this section, if the person interested in the land is willing to accept the compensation in kind instead of money, the Collector may further, with the sanction of the appropriate Government instead of awarding a money compensation in respect of any land, give some other land of equivalent value in exchange of the land acquired and thereby pay the compensation awarded in whole or in part in accordance with the market value of the land so given in exchange.;
for sub-section (4) substitute the following sub-section, namely:
(4) Nothing in sub-sections (3) and (3A) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof. [ Vide Himachal Pradesh Act 17 of 1986, sec. 3 (w.e.f. 22-7-1986)].
Karnataka In section 31, 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 Nagpur (City). (1) In section 31, in sub-section (1), after the words the compensation and in sub-section (2) after the words the amount of compensation the words and costs if any shall be deemed to be inserted.
In sub-section (2), in the concluding proviso, after the words any compensation, the words or costs shall be deemed to inserted. [ Vide C.P. Act XXXVI of 1836, sec. 61 and Sch., para 13 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Punjab : Haryana: Chandigarh. Same as that of MaharashtraNagpur (City). [ Vide Punjab Act IV of 1922, sec. 59 and Sch., para. 13, Act 31 of 1966, sec. 88]. Uttar Pradesh. (i) Same as that of MaharashtraNagpur (City). [ Vide Uttar Pradesh Act 11 of 1959, sec. 376 and Sch. II, para 13].
For Uttar Pradesh Rules relating to grant of land under section 31 instead of compensation, see Uttar Pradesh Gazette, Pt. 1A, dated 17th June, 1967.