Section 34 Payment of interest, Section 35 Temporary occupation of waste or arable land Procedure when difference as to compensation exists - Land Acquisition Act 1894
What is Calculation for Payment of interest? Temporary occupation of waste or arable land, Procedure when difference as to compensation exists Section 34 and 35 of Land Acquisition Act 1894
Payment of interest and Temporary occupation of waste or arable land. Procedure when difference as to compensation exists are defined under section 34 and 35 of Land Acquisition Act 1894. Provisions under these Sections are:
Section 34 of Land Acquisition Act 1894 "Payment of interest"
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of 1[nine] per centum per annum from the time of so taking possession until it shall have been so paid or deposited :
Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.
Section 35 of Land Acquisition Act 1894 "Temporary occupation of waste or arable land. Procedure when difference as to compensation exists"
(1) Subject to the provisions of Part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a Company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation.
(2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively.
(3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court.