Abandoned Buildings (Supplementary) Ordinance, 1985

 

Abandoned Buildings (Supplementary) Ordinance,
1985

  [Ordinance No. 54 of 1985]

Section-4(b) (i) Read with 5 (b)

(a) Illegal listing of the case property in
‘kha’ list of the Abandoned Buildings — the petitioner filed an application
before the court of settlement, Abandoned Buildings— the court of settlement
dismissed the case of the petitioner on the ground that the kabala in favour of
the petitioner was executed by her vendor by putting L.T. I instead of putting
signature in Urdu Held The mere fact that a man knowing how to sign his name executed
the kabala in question by putting L.T. I. does not render the kabala invalid in
the circumstances of the present case in the absence of any positive evidence
in this regard — the court of settlement was not justified in holding that the
kabala was not a genuine one only because the vendor executed the same by
putting L.T.I. instead of signature.

Mrs. Rushida Begum Vs chairman Court of
Settlement Bangladesh 3BLT (HCD)-247

(b) Publication of the list in Abandoned
Buildings in the official gazette under section 5,of the Ordinance 54 of 1985
is a conclusive proof that the property is an abandoned property as contended
by the learned Deputy Attorney General—Held: We are unable to accept this
submission because the requirements of law have not been complied with—relied
on 44 DLR 273.

Mrs. Rashida Begum Vs Chairman Court of Settlement Bangladesh 3BLT
(HCD)-247

Section-5(1)

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. 1-6 or
any other person inclusion of the disputed property in the “Kha” list of the
abandoned buildings is without lawful authority.

Bangladesh Vs. Amela Khatoon & Ors. 9BLT(AD)-98

Section-5(1)(a) and Section 5(1)(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.
10BLT (HCD)-26

Section-7

In the instant case the court of settlement on
perusal of the facts and circumstances of the case and the materials on record,
found that Syed Abdul Amin, the original owner of the house, did not make any
valid gift in favour of the petitioner. that he had always treated the property
as his own, that the petitioner was a citizen of Pakistan on 26th March 1971
and that she continued to be so until she became a naturalised American
citizen—No material could also be produced from her side to show that she had
ever possessed or managed the property in question—This petition merits no
consideration.

Nelofer Ismet Haque Vs. Bangladesh & Ors. 6BLT (AD)-161

Section-7(
1)

Md. Yousuf the original owner as it appears
was although in Bangladesh during and after the period of liberation war 1971
and that while he was in possession sold the case property to the respondent by
2 kabalas dated 30.01.1977 and 31.01.1977 and for this reason inclusion of the
case property as abandoned property in ‘Kha’ list of the abandoned building
cannot but he said to be without any lawful authority.

Govt. of Bangladesh Vs. Belayet Hossain & Ors. 12 BLT (AD)-71.