Section 110 in The Himachal Pradesh Land Revenue Act, 1953
110. Application for immediate transfer of rights reserved under the proviso to sub-section (1) of section 109 upon payment of compensation and procedure thereupon. Award of compensation and extinguishment of rights thereby.
(1)When any order has been made under the proviso to sub-section (1) of section 109 the land-owners (or any of them) in whom, but for such order, the rights, the land specified therein, would vest, may apply in writing to the Collector to forthwith transfer the rights, the transfer of which has been suspended by such order, upon payment of compensation for the same.(2)When an application under sub-section (1) is made, the Collector shall -(a)fix a day for the hearing of the application;(b)cause notice of the application and of the day fixed for the hearing thereof, to be served on, or proclaimed for the information of, all persons recorded as having rights in the land specified in the order made under the proviso to sub-section (1) of section 109, and all other persons interested or claiming to be interested therein;(c)upon the day so fixed for hearing, or any day to which the hearing may be adjourned, inquire into the rights in the land and award compensation in respect of all rights, found established therein, to the persons severally entitled thereto;(d)inform the applicant of the aggregate amount of compensation so awarded and require him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf:Provided that, notwithstanding anything in this sub-section contained, it shall be lawful for the Collector, in his discretion and at any time before an award of compensation thereon has been made, to reject any application made under sub-section(1).(3)In awarding compensation under sub-section (2), the Collector shall be guided by the provisions of section 23 and section 24 of the land Acquisition Act, 1894, so far as the same may be applicable to the circumstances of the case.(4)Upon the fifteenth day of May next after the whole amount of compensation so awarded has been deposited with the Collector, the order made under the proviso to sub-section (1) of section 109, shall cease to Operate, and the rights specified therein shall be transferred and vest in the manner prescribed in sub-section (1) of section 109, notwithstanding anything in the proviso thereof contained, and the Collector shall proceed to tender the compensation to the persons severally entitled to receive the same under his award. If any such person shall refuse to accept the sum so awarded and tendered to him, it shall be placed to his credit in the public treasury.(5)When any order made under the proviso to sub-section (1) of section 109 shall, under the provisions of sub-section (4) of this section, cease to operate and determine all rights reserved to any person by such order shall be extinguished.
