Section 34
Acquisition of part of a building
This Act shall not be applied for the purpose of acquiring a part only of a building if —
40 Laws of Malaysia ACT 486
(a)
such part is reasonably required for full and unimpaired use of the building; or
(b)
the person interested in such building desires that the whole thereof shall be acquired:
Provided that such person may at any time before the Land
Administrator has made an award under section 14 by notice in writing withdraw or modify his expressed desire that the whole of such building shall be so acquired.
(2)
If any question arises as to whether any land proposed to be taken under this Act does or does not form part of a building which is reasonably required for the full and unimpaired use thereof within the meaning of this section, such acquisition shall be determined by agreement between the parties; and in default of any such agreement, the Land Administrator—
(a)
shall refer the determination of such question to the Court;
and
(b)
shall not take possession of such land until after such question has been determined.