Abandoned Building (Supplementary Provisions)
Notice for surrendering
or taking possession-Held: On going through the judgment of the Court of
Settlement we find that those notices were
issued on the respondent Nos.l-6 to produce their vendor Bib Homier when
they had applied for mutating their names after their purchase from Bib Homier.
Thus it appears that the Government petitioner did neither treat the disputed
property as abandoned property nor nook any step to take over possession of the
same till publication of Gazette notification in question. Since no notice as
contemplated under Section 5(1 )(b) of the said Ordinance was issued to the
respondent Nos.l-6 or any other person inclusion of the disputed property in
the “Kha” list of the abandoned buildings is without lawful
Bangladesh Vs. Amela
Khatoon & Ors. 9 BLT (AD)-98.
Section-5(l)(a) and Section 5(l)(b)
In the instant case,
neither possession of the property was
taken over by the government, nor any notice was served
upon the petitioners. As such, the enlisting of the property as abandoned was
illegal and without jurisdiction.
Moffassal Haque Vs.
Bangladesh & Ors. 10 BLT(HCD)-26.