35. 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 person 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 there from, 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.
36. Power to enter and take possession and compensation on restoration. - (1) On payment of such compensation, or
on executing such agreement, or on making a reference under section 35, the collector may enter upon and take
possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the
damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons
interested therein:
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used
immediately before the commencement of such term, and if the persons interested shall so require, the [appropriate
Government] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or
for a Company.
37. Difference as to condition of land. - In case the Collector and persons interested differ as to the condition of the
land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer
such difference to the decision of the Court.