Income Tax Act, 1961
Section 269K: Payment or deposit of compensation.—(1) The amount of compensation payable in
269K. Payment or deposit of compensation.—(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:
756
1[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 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 2[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.
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
of section 269-I:
756
1[Provided that in a case falling under the proviso to sub-section
of section 269J, the amounts
referred to in clause
and clause
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
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 further that] in any case where a reference is or has to be made under sub-section
of
section 269J to the court for the determination of the amount by which the compensation payable under
sub-section
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.
Notwithstanding anything contained in sub-section
and
refer such dispute for the decision of the court and the decision of the court thereon shall be final.
Notwithstanding anything contained in sub-section
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.
If the Central Government fails to tender under sub-section
or deposit under sub-section
or
sub-section
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
of section 269-I, the Central
Government shall be liable to pay simple interest at the rate of 2[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.
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.