Page:A Collection of the Acts passed by the Governor General of India in Council, 1894.pdf/30

26 Acquisition of part of house or building. Land Acquisition. [ACT I (Part VIII-Miscellaneous.-- Section 49.) amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the procoodings under this Act relating to the said land. (3) The provisions of Part III of this Act shall apply, so far as may bo, to the determination of the compensation payable under this section. 49. (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 tho owner desire that the whole of such houso, manu- factory or building shall be so acquired : Provided that the owner may, at any time bofore 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 not form part of a house, manufactory or building within the meaning of this section, the Col- lector 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 reforence 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 build- ing. (2) If, in the case of any claim under scotion 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 Local 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 pare. (3) In