Section 86 in The Coimbatore City Municipal Corporation Act, 1981
86. Payment of compensation.
(1)Whenever in pursuance of section 85 the Government requisition any premises, there shall be paid by the corporation to the person interested, compensation the amount of which shall be determined by the Government by taking into consideration the following, namely:(i)the rent payable in respect of the premises or if no rent is so payable the rent payable for similar premises in the locality:Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) apply shall be the fair rent payable for the premises under that Act;(ii)if in consequence of their 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 Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator in this behalf by the Government may determine:Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation it shall be referred by the Government to an arbitrator appointed in this behalf by the Government 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 85 immediately before the requisition or where no person was in such actual possession, the owner of such premises.(2)Whenever in pursuance of section 85 the Government requisition any vehicle, vessel or animal there shall be paid by the corporation to the owner thereof compensation the amount of which shall determined by the Government 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 vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the Government within one month from the date of service of the order determining the compensation 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 Government 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 Government in this behalf may decide.
