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Part of house cannot be acquired under land acquisition act

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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Dear Sir In a land acquisition process I will lose my 15 decimal lands with some part of my home. A part of the house is acquired under the land acquisition act. What is the compensation calculated towards my home? Whether govt will pay full compensation of my home or partial part of my building?

According to section 49 of the land acquisition act, a part of the house or building cannot be acquired under the act. When collector issued a genera notice under this act for a scheme of land acquisition, such notice is published in the newspapers having circulation over the area to be acquired.

After the publication of the scheme, the resident has the right to file an objection before the collector about the land acquired. Section 49 especially makes a rule that part of the house or building shall not be acquired under this act. Certain provision is made in this regard.

Owner of the property shall file an objection at any time before the Collec­tor has made his award final under section 11. On receiving the objection the Collector shall refer to the determination of such question to the Court and shall not take possession of such land until after the question has been determined. In deciding on such a reference, the Court shall have regard to the question of whether the land proposed to be taken is reasona­bly required for the full and unimpaired use of the house or building.

Owner of the land can amend or withdraws his objection. If the owner withdraws or modifies the desire expressed by him, it shall be lawful for the Collector to put in force the provisions of the Act for the acquisition of such part of the house or building as may be in conformity with such withdrawal or modification.

The conclusion is that part of the property cannot be acquired under this act without the consent of the owner. If the owner gives his consent then he is entitled to get compensation to only such part of the property which is acquired. Rest of the property shall remain in his ownership and no compensation shall be granted under section 23.

If objects partial acquisition of his house or building or court found that the acquisition of the part will render the full and unimpaired use of the remaining portion of the house or building impracticable. Then the government is bound to acquire the whole property of the house.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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