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Report No. 10

97. Section 31.-

Sub-sections (1) and (2) of section 31 have been retained with the following changes.

We have provided that the Collector shall tender payment of the compensation within one month from the date of his order, and also give notice to the person interested, after making the deposit in Court.

The first two provisos to sub-section (2) of section 31 have been omitted and, instead, a new section1 has been introduced providing that a person's rights will not be prejudicially affected merely by reason of the fact that he chooses to receive or withdraw from the court the amount deposited without protest.

1. Section 38, App I.

The third proviso to sub-section (2) has been made into a new section1

1. Section 73, App I.

We have also added a new section1 providing that in case an agreement is reached before the Collector, the amount fixed by agreement shall be paid by the Collector to the persons interested within one month from the date of the order recording such agreement. We have also provided that in case of default of such payment, the order of the Collector may be executed as if it were a decree of the civil court, and interest at the rate of 5 per cent shall be paid on the amount fixed.

1. Section 15, App I.

In a new section,1 we have provided that where the Collector does not take possession of the land within the period specified in sub-section (4) of section 8 of Appendix I, for the purpose of calculation of interest, the date on which the said period expires should be treated as the day on which possession of the land was taken by the Collector.

1. Section 16, App I.

98. Sub-sections (3) and (4) of section 31 have been incorporated in a new section1 with an addition in sub-section (4) which will make it possible for the Collector to enter into any arrangement with the person interested in the land such as the grant of some other land in exchange for the land that has been acquired.

1. Section 17, App I.

99. Two new sections1 have been introduced, embodying provisions of a far-reaching character to secure completion of the proceedings before the Collector within a specified time. First, we have provided that all proceedings under the Act from the date of the notification under section 4 to the date of the first hearing before the Collector shall be completed within a period of 8 months. The Government may, however, extend this period by four months. Secondly, we have provided that the Collector shall complete all proceedings under section 12 of Appendix I within 4 months of the date fixed for the first hearing under sub­section (2) of section 10.

The other section introduced by us provides that in case the Collector does not complete the proceedings within the periods specified, the notification under sub-section (1) of section 4 shall stand cancelled, and the persons interested may apply to the Court for an order against the Collector for restoration of possession (if possession has already been taken by the Collector) and also for payment of such damages as the court may determine. Such an order of the court may be executed as if it were a decree.

1. Section 18-19, App I.

Law of Acquisition and Requisitioning of Land Back

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