Sections 48 and 49 of Land Acquisition Act 1894: Withdrawal from Acquisition and Acquisition of Part of a Building
Sections 48 and 49 formed part of the miscellaneous provisions of the Land Acquisition Act, 1894. Immediately before the 1894 Act was repealed, Section 48 dealt with the Government's power to withdraw from an acquisition before possession and the resulting compensation, while Section 49 dealt with acquisition of only part of a house, manufactory or other building and certain severance claims.
Section 48 - Completion of acquisition not compulsory, but compensation to be awarded when not completed
Section 48 recognized that an acquisition did not necessarily have to be completed. Its central limitation was possession: except in the situation covered by Section 36, the Government could withdraw from acquisition only where possession of the land had not been taken.
Section 48(1): power to withdraw before possession
Except in the case provided for in Section 36, the Government was at liberty to withdraw from the acquisition of land of which possession had not been taken.
Meaning: The provision made the taking of possession the critical statutory dividing point for the ordinary power of withdrawal under Section 48(1). The reference to Section 36 concerned the separate statutory scheme for temporary occupation of waste or arable land.
Section 48(2): compensation when Government withdraws
When the Government withdrew from such an acquisition, the Collector had to determine compensation for damage suffered by the owner because of the notice or proceedings and pay the amount to the person interested, together with all costs reasonably incurred in prosecuting the proceedings relating to the land.
Meaning: Withdrawal did not leave the affected owner or other person interested without a remedy. Damage caused by the acquisition proceedings and reasonable costs incurred in those proceedings were compensable under the section.
Section 48(3): determination under Part III
The provisions of Part III applied, so far as possible, to determination of compensation payable under Section 48.
Meaning: Part III contained the statutory machinery concerning references to Court and proceedings relating to compensation. Section 48(3) applied that machinery, so far as applicable, to compensation arising from withdrawal.
Section 49 - Acquisition of part of house or building
Section 49 addressed the practical hardship that could arise if only a portion of a house, manufactory or other building were compulsorily acquired. It also provided a mechanism for resolving disputes about whether the proposed land formed part of the building and for dealing with certain excessive severance claims.
Section 49(1): owner's desire for acquisition of the whole
The Act was not to be put in force for acquiring only part of a house, manufactory or other building if the owner desired that the whole should be acquired.
The owner could, before the Collector made the award under Section 11, withdraw or modify that expressed desire by written notice.
Dispute whether the land forms part of the building
If a question arose whether the land proposed to be taken formed part of a house, manufactory or building for purposes of Section 49, the Collector was required to refer the question to the Court and could not take possession until the question had been determined.
In deciding the reference, the Court had to consider whether the proposed land was reasonably required for the full and unimpaired use of the house, manufactory or building.
Section 49(2): severance claim considered unreasonable or excessive
Where a person interested claimed compensation under Section 23(1), thirdly, because the land being acquired was severed from his other land, and the appropriate Government considered the claim unreasonable or excessive, the Government could, before the Collector made the award, order acquisition of the whole land of which the originally proposed land formed a part.
Section 49(3): procedure after an order to acquire the whole land
Where the appropriate Government made such an order, no fresh declaration or other proceedings under Sections 6 to 10 were required. The Collector had to promptly furnish a copy of the Government's order to the person interested and then proceed to make the award under Section 11.
Difference between Sections 48 and 49
| Provision | Main subject | Key point |
|---|---|---|
| Section 48 | Withdrawal from acquisition | Government could ordinarily withdraw while possession had not been taken, with statutory compensation and reasonable costs following withdrawal. |
| Section 49(1) | Part of house or building | An owner could require acquisition of the whole house, manufactory or building rather than only part, subject to the statutory procedure. |
| Section 49(2)-(3) | Severance compensation | The appropriate Government could order acquisition of the whole land where a severance claim was considered unreasonable or excessive, before the award. |
Note: This page is maintained as a historical explanation of the Land Acquisition Act, 1894 and should be read with the repeal, saving and transitional provisions governing proceedings affected by the 2013 Act.