Section 26: Scheme of reconstruction

26. Scheme of reconstruction (1) Subject to subsection (2), the Court may make an order under section 16 where— (a) the premises are bona fide required for a scheme of reconstruction or improvement which appears to the Court to be desirable having regard to all the circumstances; or (b) the Court is satisfied that— (i) the premises are bona fide required for the purposes of a scheme of reconstruction, conversion into business premises or improvement; and (ii) the landlord has agreed to pay— (A) such compensation as may be agreed in writing with the tenant; or (B) in the absence of any agreement, such compensation as may be determined by the Court. (2) Subsection (1) (a) shall not apply to a previous letting. [Issue 1] L6 – 12 Revised Laws of Mauritius (3) The Court may under subsection (1) (b) order a tenant to quit, leave and vacate the premises pending the determination and/or payment of the compensation payable under subsection (1) (b) on such terms and conditions as the Court may decide, including— (a) the payment of such part of the compensation as the Court may decide; and (b) the provision of adequate security to satisfy payment of the compensation. (4) In determining the amount of compensation payable under subsection (1) (b), the Court shall have regard to— (a) any loss actually sustained by the tenant; and (b) the measures, if any, taken by the tenant to mitigate that loss. [S. 26 amended by s. 9 of Act 5 of 2005 w.e.f. 30 May 2005.]