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[Cites 0, Cited by 0] [Section 546] [Entire Act]

State of Jharkhand - Subsection

Section 546(1) in Jharkhand Municipal Act, 2011

(1)Whenever in pursuance of sub-section (1) of section 546, the State Government requisitions any premises, there shall be paid to the persons interested in the premises, compensation, the amount of which shall be determined by taking into consideration the -
(a)rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(b)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 within the prescribed time to 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 State 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 State 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 section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under sub-section (1) of section 546 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.