Section 94: Acquisition of Part of House or Building
Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 protects an owner where acquisition is proposed for only part of a house, manufactory or other building and also regulates disputes about whether the proposed land forms part of such property.
Section 94 - 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 so acquired:
Provided 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 Authority concerned and shall not be taken possession of such land until after the question has been determined.
(2) In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned 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.
(3) If, in the case of any claim under this Act, 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 the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.
(4) In the case of any acquisition of land so required no fresh declaration or other proceedings under sections 11 to 19, (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 shall thereafter proceed to make his award under section 23.
Meaning and Scope of Section 94
Section 94 deals with partial acquisition where taking only a portion may affect the practical use or integrity of a house, manufactory or other building. It gives the owner a statutory protection against compulsory acquisition of only a part in the circumstances stated in sub-section (1), while providing a mechanism for resolving disputes about whether the proposed land is actually part of the relevant property.
Owner's Right Where Only Part Is Proposed to Be Acquired
Under sub-section (1), where the proposed acquisition concerns only part of a house, manufactory or other building, the owner may desire that the whole be acquired. The statutory restriction on acquiring only the part then applies in accordance with Section 94.
Reference to the Authority
If a dispute arises over whether the land proposed to be taken forms part of the house, manufactory or building, the Collector must refer that question to the Authority concerned. The provision also restricts taking possession of the disputed land until that question has been determined.
Full and Unimpaired Use Test
Under sub-section (2), the Authority must consider whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building. This statutory test focuses on the relationship between the proposed portion and effective use of the remaining property.
Claim for Severance and Acquisition of the Whole Land
Sub-section (3) addresses a claim by a person interested arising from severance of the land proposed to be acquired from that person's other land. If the appropriate Government considers such a claim unreasonable or excessive, it may, before the Collector makes the award, order acquisition of the whole land of which the originally proposed land forms a part.
Person Interested
The expression person interested is defined in Section 3(x) of the 2013 Act. It is an inclusive definition covering persons claiming an interest in compensation and other specified interests connected with the affected land.
Appropriate Government
The expression appropriate Government is defined in Section 3(e). Which Government is the appropriate Government depends on the statutory circumstances and purpose of the acquisition.
No Fresh Proceedings under Sections 11 to 19
Where the whole land is ordered to be acquired under sub-section (3), sub-section (4) states that no fresh declaration or other proceedings under Sections 11 to 19 are necessary. The Collector must, however, promptly furnish a copy of the Government's order to the person interested and thereafter proceed to make the award under Section 23.
Related Provisions
- Section 3(e): definition of appropriate Government.
- Section 3(x): definition of person interested.
- Sections 11 to 19: statutory acquisition-stage provisions referred to in Section 94(4).
- Section 23: provision referred to in Section 94(4) for the Collector to proceed with the award.
Official Statutory Source
The central Act can be checked on the official India Code - RFCTLARR Act 2013. Official information relating to land resources and the central Act is also published by the Department of Land Resources.