applicability of section 94 of RTFCLARR of 2013 to National Highway act 1956
4 months ago
Section 94 of RTFCLARR provides that: Acquisition of part of house or building.–(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 the owner desires that the whole of such house, manufactory or building shall be so acquired.
The National Highways Act, 1956, does not explicitly provide detailed provisions for the partial acquisition of houses, manufactories, or buildings nor does NHAI act of 1988
A.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.
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.
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