Section 282(5) in The Maharashtra Municipal Corporations Act, 1949
(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.
