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 12, by
notice in writing, withdraw or modify his expressed 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 a lop so, 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 23, 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 a 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 proceeding under sections 3
to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the 1[CentralGovernment] to the person interested, and shall thereafter proceed to make his award under section 12.
(4) Notwithstanding anything contained in section 7, 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.
Notes:
1. Subs. by the A.O. 1937, for "L.G.".