Bare ActsThe Land Acquisition Act, 1894

Section 49

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Acquisition of pari of house or building (I) The provisions of this Act, shall not ~ put in force for the purpose of acquiring a part only of ~ny house, manufactory or other building, if the o,,-ner desires that the whole of such house, manufactory or building shall be so acquired: Provided that the owner may, at any lime before the Collector has made his award under section II, by notice in writing, withdraw or modify hi~ expressed desire that the whole of such house. manufactory or building shall be so acquired; Provided also Ihat, ifany question shall arise as to whether any land prfjposed to be taken under this ACI docs or does not fonn part of a house, manufaelory or building within the meaning of this section, the Collector shall refer the determination of such question 10 the court and shall not lake possession oflIuch land until after the question has been determined. In decidingnn "Such a reference the COllrt shall have regard 10 the question whether the land proposed 10 be taken is reasonably required for the full and unimpaIred use ofthe house. manufactory or building. (2) If. in the case of any claim under section 23, sulrsection (I), thirdly, by a person interested. on account of the severing of the land to be acquired from his other land the appropriate go"ernment is ofthe opimon th:!t the elaim is unreasonable or excessi,,'e, it may at any time before the Collector has made his award. oruer the acqui!iition of the whole ofthc land of which the land firsl ,;ought to be acquired fonns a part (3) In the case last therein before provided for. no fre&h declaration or othcr proceedings under sectiol'l& 6 10 10. both inclusi"e, ~hall be necessary; but the Collector shall without delay furnish a copy oflbc order oftile appropriate govemmenl to the person intcreted and shall thereafter proceed to make his award under seclion II. L 28 The Land Acquisition Act. 1894 so. Acquisition ofland at cost or. local authority or company (I) Tl (I) Where the provisions ofthisAcl arc pUi in force for lhe purpose of8cquiring land at for the guid the cost of any fund controlled or managed by a local authority or of any company, the to time alte charges orand incidental to such acquisition shall be defrayed from or by such fund orcompany. (2) In any proceeding held before a Collector or coon in such cases the local authority Provid or company concerned m~y appear and adduce evidence for the purpose ofdetermining the shall be e,y amount of compensation: of the Stt State Govt' Provided that no such local authority or company shtlll be entitled to demand a reference under section 18. Provit

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