Section 26 in The Gujarat Municipalities Act, 1963
26. Payment of compensation.
(1)Whenever in pursuance of section 25 the requisitioning authority requisitions any premises the municipality shall pay to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:-(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:Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine.Provided further that where there is any dispute as to the title to receive the compensation or as to the appointment of the amount of compensation it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator.Explanation. - In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 25 immediately before the requisition, or where no person was in actual possession, the owner of such premises.(2)Whenever in pursuance of section 25 the requisitioning authority requisitions any vehicle, vessel or animal, the municipality shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as 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 an arbitrator appointed by the requisitioning authority in this behalf may decide.
