440
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
compensation the amount of which shall be determined by taking into consideration the following, namely:—
- (i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of similar property in the locality;
- (ii) if in consequence of the requisition of the property the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) Incidental to such change;
- (iii) such sum or sums, if any, as may be found necessary to compensate the person interested for damage caused to the property on entry after requisition or during the period of requisition, other than normal wear and tear:
- Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, 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 Central Government or the State Government, as the case may be, 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 to an arbitrator appointed In this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.—In this section and in section 37, the expression "person interested" in relation to any property includes all persons claiming or entitled to claim an Interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act.
Power to obtain information and give direction. 31. The Central Government or the State Government, as the case may be, may, with a view to requisitioning any property under section 29 or determining the compensation payable under section 30, by order—
- (a) require, any person to furnish to the authority mentioned therein such Information in his possession relating to any property as may be specified;
- (b) direct that the owner, occupier or the person in possession of the property shall not, without the permission of Government, dispose of it or where it is a building, structurally alter it till the expiry of such period as may he specified in the order.
