Home | Legal Advice | Civil Law Cases | Part of house cannot be acquired under land acquisition act

Part of house cannot be acquired under land acquisition act

Shivendra Pratap Singh

Advocate

04/09/2015

Reading Time:

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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Can the tehsildar issue a succession certificate?

Question: Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?...

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54