Payment or deposit of compensation.
269K. (1) The amount of
compensation payable in accordance with the provisions of section 269J for the acquisition of any immovable
property shall be tendered to the person or persons entitled thereto, as soon
as may be, after the property becomes vested in the Central Government under
sub-section (4) of section 269-I :
43[Provided that in a case falling under the
proviso to sub-section (1) of section 269J, the
amounts referred to in clause (i)
and clause (ii) of that proviso
shall be tendered to the person or persons entitled thereto, as soon as may be,
after the property becomes vested in the Central Government under section 269-I, and the amount referred to in clause
(iii) of the said proviso shall
be tendered on the date on which it would be payable in accordance with the
agreement between the parties concerned, and where such amount is payable in
instalments on different dates, then in such instalments on those dates :]
Provided 44[further] that in any case where a reference is or has to be
made under sub-section (2) of section 269J to the
court for the determination of the amount by which the compensation payable
under sub-section (1) of that section shall be reduced or increased, the amount
of such compensation as reduced or increased by the amount estimated in that
behalf by the competent authority for the purposes of such reference shall be
tendered as aforesaid.
(2) Notwithstanding
anything contained in sub-section (1), if any dispute arises as to the
apportionment of the compensation amongst persons claiming to be entitled
thereto, the Central Government shall deposit in the court the compensation required
to be tendered under sub-section (1) and refer such dispute for the decision of
the court and the decision of the court thereon shall be final.
(3) Notwithstanding
anything contained in sub-section (1), if the persons entitled to compensation
do not consent to receive it, or if there is no person competent to alienate
the immovable property, or if there is any dispute as to the title to receive
the compensation, the Central Government shall deposit in the court the
compensation required to be tendered under sub-section (1) and refer the matter
for the decision of the court :
Provided that nothing herein
contained shall affect the liability of any person who may receive the whole or
any part of the compensation for any immovable property acquired under this
Chapter to pay the same to the person lawfully entitled thereto.
(4) If the Central
Government fails to tender under sub-section (1) or deposit under sub-section
(2) or sub-section (3) the whole or any part of the compensation required to be
tendered or deposited thereunder within thirty days of the date on which the
immovable property to which the compensation relates becomes vested in the
Central Government under sub-section (4) of section
269-I, the Central Government shall be liable to pay simple interest at the
rate of 45[fifteen] per cent
per annum reckoned from the day immediately following the date of expiry of the
said period up to the date on which it so tenders or deposits such compensation
or, as the case may be, such part of the compensation.
(5) Where any amount of
compensation (including interest, if any, thereon) has been deposited in the
court under this section, the court may, either of its own motion or on an
application made by or on behalf of any party interested or claiming to be
interested in such amount, order the same to be invested in such Government or
other securities as it may think proper, and may direct the interest or other
proceeds of any such investment to be accumulated and paid in such manner as
will, in its opinion, give the parties interested therein the same benefit
therefrom as they might have had from the immovable property in respect whereof
such amount has been deposited or as near thereto as may be.
