Partial acquisition of house under the land acquisition Act 2013

Can the NHAI take Partial acquisition of house under the Land Acquisition Act? Is there any law relating to acquisition of house? NHAI has acquired my land whereon my house is situated. As per the acquisition scheme the NHAI will not acquire my entire house. Therefore, the compensation will be given to a portion of that house only which has been acquired by the NHAI. I want to take action against the partial acquisition of my house. Please guide.

by Shivendra Pratap Singh | Jan 9, 2022 | Civil Matters

Can the NHAI take Partial acquisition of house under the Land Acquisition Act? Is there any law relating to acquisition of house? NHAI has acquired my land whereon my house is situated. As per the acquisition scheme the NHAI will not acquire my entire house. Therefore, the compensation will be given to a portion of that house only which has been acquired by the NHAI. I want to take action against the partial acquisition of my house. Please guide.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has replaced the Land Acquisition Act, 1894. The purpose of enacting a new law is to provide fair compensation to those whose land is taken away.

Partial acquisition of house under the Land Acquisition Act 2013

Section 94 of the aforesaid Act 2013 provides that “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.”

Hence, the NHAI cannot acquire only a part of the house if the owner of the house desires to acquire it entirely. You can raise objections against the partial acquisition of your house. The Collector will determine your objection under Section 23 of the aforesaid Act.

If only a portion of the house is acquired it will deprive the owner to enjoy the benefits of the entire property. Therefore, section 94 is enacted to acquire the entire house or building if its owner requests to do so.

If there is a dispute that proposed land acquisition will acquire a portion of house or building then the Collector shall refer the determination of such a dispute to the Authority concerned and shall not take possession of such land until after the question has been determined.

If the portion of a house of building comes under the land acquisition scheme the government or any other authority shall acquire the entire house of building as per the mandate of Section 94(3).

The provision of section 94 is mandatory therefore, NHAI cannot acquire only a part of the house. Section 94 says that “this Act shall not be put in force for the purpose of acquiring a part only of any house…….” The word “shall” makes it mandatory to not acquire only a part of the house or building under the Act of 2013.

Objection against acquisition of a portion of house

You should file an objection before the Collector against the partial acquisition of your house. The Collector will determine the objection before passing the award of compensation. If you think that the authority may dispossess you forcefully from the land then you should approach the High Court. File a writ of mandamus in the High Court under Article 226 of the Constitution of India. 

The High Court may prohibit the authority to dispossess you without prior determination of objection and invoking the provision of Section 94.

Author's Profile

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.