Section 282 in The Maharashtra Municipal Corporations Act, 1949
282. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement. - The Land Acquisition Act, 1894, hereinafter referred to as "the Land Acquisition Act, shall, to the extent set forth in Appendix I, regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof subject to the provisions of this Chapter and the provisions following, namely-
(1)a reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression "land" as used in the Land Acquisition Act shall be deemed to have the meaning assigned to it by clause (30) of section 2 of this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purpose of this Chapter, be read as if the words and parentheses "(including the [Government])" were inserted after the words "includes all persons", and the words "or if he is the owner of any right created by legislative enactment over any street forming part of the land" were added after the words "affecting the land";(2)in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provision of this Chapter the provisions of the said subsection shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 270 and the expression "[State] Government" shall be deemed to include the Commissioner, and the words "such locality" shall be deemed to mean the locality referred to in any such resolution;(3)in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (1) of section 270 shall be deemed to be the publication of a notification under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 278 shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition Act:Provided that where land is acquired under section 273 or sub-section (3) of section 274, the date of publication of the notification under sub-section (2) of section 272 shall be deemed to be the date of publication of a declaration under section 6 of the Land Acquisition Act.(4)In the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be the local authority or company concerned.(5)Notwithstanding anything contained in sub-section (1) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector be severed from the remainder without material detriment thereto:Provided that the Collector shall, if required by the owner of such building, refer the question where such part can be severed from the remainder without material detriment or the determination of the Court and the Court shall decide upon such a reference, as if it were a reference to the Court under the said subsection:Provided also that if, in the opinion of the Collector or, in the event of a reference of the Court, the part proposed to be acquired cannot be severed from the remainder without material detriment thereto, the [State] Government may, at the instance of the Commissioner, order the acquisition of the remainder, and in such case no fresh declaration shall be necessary, but the Collector shall without delay furnish a copy of the order of the [State] Government to the person or, persons interested and shall thereafter take order for the acquisition of the remainder in like manner and with like powers in all respects as if the acquisition had originally been provided for in the improvement scheme.
