Section 36 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
36. Payment of compensation.
(1)Whenever in pursuance of the last preceding section, the requisitioning authority requisitions any premises, or any vehicle, vessel or animal, the Council shall pay to the person interested compensation, the amount of which shall be determined by the requisitioning authority taking into consideration the following namely :(a)in the case of premises-(i)the rent payable in respect of the premises or if no rent is payable, the rent payable for similar premises in the locality;(ii)if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;(b)in the case of any vehicle, vessel or animal, the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal.(2)Any person interested or any person, who claims to be entitled to receive compensation, being aggrieved by the order of the requisitioning authority as to -(i)the amount of compensation determined; or(ii)the title of any person entitled to receive compensation; or(iii)the apportionments of the amount of compensation among two or more persons,may, within one month from the receipt of the order under sub-section (1), or if the order is not addressed to him within one month from the date of the order, appeal to the District Court and the decision of the District Court on such appeal shall be final.Explanation. - For the purpose of this section, the expression "person interested" means, -(a)in the case of premises,-(i)the person who was in actual possession of the premises immediately before the requisition; or(ii)when no person was in actual possession, the owner of such premises;(b)in the case of any vehicle, vessel or animal, the owner thereof; and(c)any other person who is entitled to receive compensation:Provided that, where immediately before the requisitioning, any vehicle or vessel was, by virtue of a hire-purchase agreement, in the possession of a person other than the owner, the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement in such manner as the requisitioning authority may decide.
