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Citedby 798 docs - [View All]
G.Ganapathy vs State Of Tamil Nadu on 14 February, 2014
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[Complete Act]
Central Government Act
Section 31 in The Land Acquisition Act, 1894
31 Payment of compensation or deposit of same in Court. —
(1) 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.
(2) 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.
(3) 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.
(4) 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,— “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,— “(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)].
(2) 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 Maharashtra–Nagpur (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 Maharashtra–Nagpur (City). [ Vide Uttar Pradesh Act 11 of 1959, sec. 376 and Sch. II, para 13].