Question: Can the NHAI take Partial acquisition of house under the Land Acquisition Act? Is there any law relating to acquisition of house? NHAI has acquired my land whereon my house is situated. As per the acquisition scheme the NHAI will not acquire my entire house. Therefore, the compensation will be given to a portion of that house only which has been acquired by the NHAI. I want to take action against the partial acquisition of my house. Please guide.
Question from: Himachal Pradesh
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has replaced the Land Acquisition Act, 1894. The purpose of enacting a new law is to provide fair compensation to those whose land is taken away.
Partial acquisition of house under the Land Acquisition Act 2013
Section 94 of the aforesaid Act 2013 provides that “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 so acquired.”
Hence, the NHAI cannot acquire only a part of the house if the owner of the house desires to acquire it entirely. You can raise objections against the partial acquisition of your house. The Collector will determine your objection under Section 23 of the aforesaid Act.
If only a portion of the house is acquired it will deprive the owner to enjoy the benefits of the entire property. Therefore, section 94 is enacted to acquire the entire house or building if its owner requests to do so.
If there is a dispute that proposed land acquisition will acquire a portion of house or building then the Collector shall refer the determination of such a dispute to the Authority concerned and shall not take possession of such land until after the question has been determined.
If the portion of a house of building comes under the land acquisition scheme the government or any other authority shall acquire the entire house of building as per the mandate of Section 94(3).
The provision of section 94 is mandatory therefore, NHAI cannot acquire only a part of the house. Section 94 says that “this Act shall not be put in force for the purpose of acquiring a part only of any house…….” The word “shall” makes it mandatory to not acquire only a part of the house or building under the Act of 2013.
Objection against acquisition of a portion of house
You should file an objection before the Collector against the partial acquisition of your house. The Collector will determine the objection before passing the award of compensation. If you think that the authority may dispossess you forcefully from the land then you should approach the High Court. File a writ of mandamus in the High Court under Article 226 of the Constitution of India.
The High Court may prohibit the authority to dispossess you without prior determination of objection and invoking the provision of Section 94.