applicability of section 94 of RTFCLARR of 2013 to National Highway act 1956

Dear Client,
Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (RFCTLARR) specifically addresses the acquisition of a part of a house, manufactory, or building. It stipulates that the provisions of the Act should not be invoked if the owner expresses the desire that the entire structure be acquired. This provision emphasizes the owner's choice for the entirety of the property rather than partial acquisition. Notably, the National Highways Act, 1956, and the NHAI Act of 1988 do not explicitly delineate detailed provisions for the partial acquisition of houses, manufactories, or buildings. Therefore, in the absence of explicit provisions in these acts, Section 94 of RFCTLARR serves as a crucial reference point, offering clarity on the owner's preference in cases of property acquisition, particularly emphasizing the option for complete acquisition rather than a partial one.