PART V
PAYMENT
Payment of compensation or deposit
thereof with court.
40.
—(1)
On
making an award under section 10, the Collector shall make a written offer
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 one or more of the contingencies mentioned in subsection
(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, or
if possession of the land has not been taken by the Collector, the
Collector shall apply to the Registrar of the Supreme Court ex parte for
an order to deposit the amount of the compensation in court, and,
notwithstanding anything to the contrary in the Rules of Court for
the time being in force, the Registrar may make such an order except
that any person admitted to be interested may receive such payment
under protest as to the sufficiency of the amount.
(3)
Notwithstanding subsection (1), no
person who has received the amount otherwise than under protest
shall be entitled to appeal to the Board under section 23.
(4)
Nothing in this section shall affect
the liability of any person, who may receive the whole or any part
of any compensation awarded under this Act, to pay it to the person
lawfully entitled to it.
(5)
Notwithstanding anything in this section,
the Collector, instead of awarding a money compensation in respect
of any land, may enter into any arrangement with a person having
a limited interest therein in such a way as may be equitable having regard
to the interests of the parties concerned.
Payment of interest.
41.
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 6% per annum from
the time of so taking possession until it has been so paid or deposited.