Topic: Section 39. Demolition of part of house or building and imposition

Section 39. Demolition of part of house or building and imposition of restrictions on part of land

(1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish 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 demolished or that the right to demolish the whole of it shall be acquired:

Provided that the owner may at any time before the Collector has made his award under section 22, by notice in writing, withdraw or modify his ex-pressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired: Provided also, that if any question shall arise as to whether any building or other construction proposed to be demolished 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 such building or other construction shall not be demolished until after the question has been determined. In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building.

(2) If, in the case of any claim of the kind referred to in section 21, sub-section (1), clause (c), by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the 1[Central 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 imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part.

(3) In the case provided for by sub-section (2) no fresh declaration or other procceding under sections 33 to 34 shall be necessary; but the Collector shall without delay furnish a copy of the order of the a[Central Government]to the person interested, and shall thereafter proceed to make his award under section 22.

(4) Notwithstanding anything contained in section 17, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards