Civil Manual 687 — Instructions issued by the High Court for the guidance of the Civil Courts subordinate to it in regard to depositing into Court of Compensation Money under section 31, clause (2), and for the Investment of such Deposits under sections 32 and 33 of the Land Acquisition Act, 1 of 1894

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

I. When a Collector, acting under clause (2), section 31 of Act 1 of 1894, deems it expedient to deposit in Court the amount of the compensation money therein referred to, he will remit the same by means of a cheque in favour of the presiding officer of the Court or a receipt duly endorsed to him payable by order of the Court to the credit of Civil Court Deposits. The cheque will be accompanied with a receipt in triplicate, one of which shall be retained by the Court for record, and the other two returned duly signed to the Collector. II. Every sum deposited in the manner prescribed in paragraph I shall be entered on the date of such deposit in the Register of Deposit Receipts, Form C, at page 486 of Volume II. III. Every cheque or receipt relating to such deposit shall be forwarded duly endorsed, if possible, on the day on which the deposit has been entered in the Register of Receipts or on the following day at the latest unless such day is a Sunday or a close holiday to the nearest Treasury office to be credited to the Civil Court Deposits Account. IV. If after making the enquiries laid down in sections 21 to 25 of the Act, the Court upholds the award of the Collector, it shall proceed to make the payments to the party or parties concerned by cheque on the Treasury office where the deposit has been made under the last foregoing paragraph. V. If an award is made in favour of more persons than one, and one or more of such persons not assenting to it have preferred an appeal against such award and desire for reasons to be stated by him or them in writing that the amount of the deposit should not be distributed among the others, he will apply without unnecessary delay to the Court making the award which may either make an order deferring payment until the disposal of such appeal or make payments under its award on such terms as to security or otherwise as it thinks fit. VI. The application referred to in the last preceding paragraph may be made to the Court in which the appeal has been filed, and such Court may make such order as to payment or otherwise on such terms as it thinks fit.

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