Act Number: 7

Act Name: The Works of Defence Act, 1903

Year: 1903

Enactment Date: 1903-03-20

Long Title: An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition.

Ministry: Ministry of Defence

Department: Department of Defence

Section 31: Payment of compensation or deposit of same in Court.
    (1) On making an award under section 12, 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 sub-section (2).
     (2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is 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, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
     Provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:
     Provided, thirdly, 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 the 1[CentralGovernment] 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, or by the remission of land revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.
(4) Nothing in sub-section (3) 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
    
Notes:
1. Subs. by the A.O. 1937, for "L.G.".
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