Report No. 10
68. Acquisition of part of house or building.-
(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be acquired:
Provided that the owner may, at any time before steps for the fixation of compensation for the acquisition are taken, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired:
Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the court and shall not take possession of such land until altar the question has been determined.
In deciding on such a reference the court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.
(2) If, in the case of any claim under clause thirdly of sub-section (1) of section 21, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may, at any time before steps for the fixation of the compensation for the acquisition are taken, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.
(3) In the case provided for in sub-section (2), no fresh declaration or other proceedings under sections 8 to 11 (both inclusive), shall be necessary; but the Collector, shall, without delay, furnish a copy of the order of the appropriate Government to the person interested, and the Collector, shall thereafter proceed to fix the compensation under section 12.
[Section 49, L.A.A.]