Koshy, J.

Three questions arising out of interpretation of Section 49(1) of the Land Acquisition Act, 1804 (in short 'the Act') were referred to the Full Bench for consideration by a Division Bench of this court. These questions are:

"1. Has Collector vested with power to reject the claim under Section 49(1) put forward by the owner to acquire entire building and proceed with acquisition of part of the building without court interventions?

2. Whether tenant can file a writ petition challenging the action taken by the Collector when the option under Section 49(1) is exercised by the landlord?

3. When the Collector accepted the option to acquire the entire building, whether only building materials are to be acquired or the entire building including the land where it is situated also need be acquired?"

2. W.P. (C) No. 5512 of 2006 was filed by the owner of the building situated in survey No.1254/1 of Vanchiyoor village, Thiruvananthapuram. A notification under section 4 (1) of the Land Acquisition Act was published for acquiring part of the land and building owned by the petitioner. Thereafter, declaration under section 4 (6) was also published according to law. Later, petition