Completion of acquisition not compulsory, but
compensation to be awarded when not completed and
Acquisition of part of house of building
are defined under section 48 and 49 of Land Acquisition
Act 1894. Provisions under these Sections are:
Section 48 of Land Acquisition Act 1894 "Completion of acquisition not compulsory, but compensation to be awarded when not completed"
(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.
(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.
Section 49 of Land Acquisition Act 1894 "Acquisition of part of house of 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 desire that the whole of such house, manufactory or building shall be so acquired:
Provided that the owner may, at any time before the Collector has made his award under section 11, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired:
Provided also 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 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 whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.
(2) if, in the case of any claim under section 23, sub-section (1), thirdly, 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.
(3) In the case last hereinbefore provided for, no fresh declaration or other proceedings under sections 6 to 10, 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 11.
How to do Investment of money deposited in respect of lands belonging to persons incompetent to alienate? How to do Investment of money deposited in other cases? Section 32 and 33 of Land Acquisition Act 1894
Restriction on transfer, etc., Land not to be acquired under this Part except for certain purpose for private companies other than Government companies Section 44A and 44B of Land Acquisition Act 1894