Acquisition
And Requisition Of Immovable Property Ordinance, 1982 (11 Of 1982)
Public
Purpose
The
term public purpose’ as used in the Ordinance means a purpose in which the
interest of the public is directly and primarily concerned. But action taken
for serving a public purpose must be shown to be not merely that this specific
result will be reached as a final end, but that the public has itself a direct
interest in it.
Md. Masudul
Hussain Vs The Deputy Commissioner, Dhaka &ors, 15BLD (HCD) 493.
Section—3
Conclusion
of an agreement between the requisitioning authority and the requiring body is
a sine quo non for the exercise of power under section 3 of the Ordinance for
publication of the preliminary notice of acquisition of property. When there is
no material to show that the person or the body for whom the property was
sought to be acquired has already entered into an agreement with the Government
before issuing notice of acquisition under section 3 of the Ordinance, the
purported order of acquisition is not legal.
Md. Masudul
Hussain Vs. The Deputy Commissioner, Dhaka and others, 15 BLD (HCD) 493
Ref:
Sankar Gopal Chatterjee and others Vs. The Additional Commissioner, Dhaka
Division and others, 41 DLR 326; Sk. Aminuddin and another Vs. Deputy
Commissioner and others, 15DLR 442; Abdus Sobhan Sowdagor and another Vs.
Province of East Pakistan and others, 14DLR 496; Province of East Pakistan Vs.
Dr. Azizul Islam, PJ.D 1963 (SC) 296; 8 DLR (1965) 210; Md. Mansur Rahman and
others Vs. Province of East Pakistan, 14 DLR 604; A.I.R. 1961(SC) 342—Cited.
Section—4(b)
and 5
Whether
the requiring body had paid the amount within one year of the said date is a
matter between the Government and the requiring body. It is not the case of the
petitioner that he was not paid compensation or that his compensation money was
not deposited within one year from the date of decision to acquire under
section 5 or the proviso to section 4(3)(b) of the Ordinance. As such he has no
business to enquire when the requiring body paid the amount of compensation to
the Government.
Md. Alauddin
Khandker Vs Government of Bangladesh, 20 BLD (AD) 147.
Ref:
Bangladesh vs. Subash Chandra Das, 46 DLR (AD) 63; Subash Chandra Das vs.
Bangladesh, 5ODLR (AD) 106—Cited.
Section—5
The
decision of the Government about the acquisition of any property for a public
purpose or in the public interest shall be final and such decision of the
Government shall be conclusive evidence that the property is needed for a
public purpose or in the public interest.
There
is no provision in the Ordinance for withdrawal from acquisition after the
property has been acquired for a public purpose or in the public interest after
the process of acquisition has reached its finality. If after meeting the
requirement of the specified purpose, for which acquisition was made, there
remains any excess land, it is open to the Government to decide as to whether
the requiring body will be allowed to use the same for any public purpose other
than from the one for which it was acquired.
M. A. Salam
alias Abdus Salam Vs. Government of the Bangladesh and others, 15 BLD (HCD) 578
Ref:
Mamtaz Begum Vs. The Province of East Pakistan, 14 DLR 608; Province of East
Pakistan and ors. Vs Jogesh Chandra Lodh and ors, 1 LDLR (SC) 411; Sufla Khatun
Vs. Secretary, Revenue Department and ors, 20 DLR (SC) 18; Amiruddin Ahmed
Chowdhury Vs. The Land Acquisition and ors, 15 DLR 51; Writ Petition No. 72 of
1988 (Unreported)—Cited.
Sections—10
and 12
Payment of
compensation and abatement or revocation of the acquisition proceeding for
non-payment or non-deposit of compensation.
Section
10 of the Ordinance provides for payment of compensation after an award is made
under section 7 and it stipulates that the Deputy Commissioner shall, before
taking possession of the property, tender payment of compensation awarded by
him to the persons entitled thereto according to the award and shall pay to
them unless prevented by one or more of the contingencies mentioned in
subsection (2) of section 10 of the Ordinance.
The
provision of section 12 will come into play when the compensation is not paid
to the persons interested or not kept in a deposit account in the Public
Account of the Republic under sub-section (1) of section 10. Under this section
no obligation has been placed on the requiring body to deposit compensation
within six months from the date of decision for acquisition.
The
expression “compensation has not been paid or deposited within 6 (six) months
from the date of decision” for acquisition in sub-section (1) of section 12 is
to be understood with reference to section 10 of the Ordinance.
In
the absence of any material or averment to show that no compensation was paid
under sub- section (1) of section 10 and there being no occasion for deposit of
compensation in the Public Account under sub-section (2) of Section 10, the
question of abatement does not arise. It is only in case of noncompliance of
the provisions of Section 10 the question of abatement or revocation of the
acquisition proceeding arises.
Reading
Sections 8,9,10,12 and 15 of the Ordinance together, it is clear that abatement
will take place if the acquiring authority fails to “pay” or “deposit”
compensation in terms of section 10 within one year from the date of decision
of the Government made under section 5 of the Ordinance. The requiring body is,
therefore, required to deposit the compensation money before the expiry of one
year from the date of decision of the Government.
Bangladesh,
represented by the Secretary, Ministry of Land Administration Vs. Subash
Chandra Das and others, 15 BLD (AD) 17
Section—12
Abatement of
an acquisition proceeding
Under
section 12 of the Ordinance an acquisition proceeding shall stand abated if
compensation has not been paid or deposited within 6 months (now one year) from
the date of the decision of the authority concerned for acquisition of the
property notwithstanding anything contained in the Ordinance. But in the
instant case the question of abatement under section 12 of the Ordinance is not
relevant in as much as there was no averment in the Writ Petition that no
compensation was paid under subsection (1) of section 10 or deposit made in the
Public Account of the Republic as per provision of sub-section (2) of section
10.
Subash
Chandra Das and others Vs Bangladesh, represented by the Secretary, Ministry of
Land Administration and Land Reforms, Government of the People s Republic of
Bangladesh and others, 16 BLD (AD) 119.
Section—17 Sub-Section
I
Sub-Section
I of Section 17 of the Ordinance provides that no property acquired by the
Government shall, without prior approval of the Government, be used for any
purpose other than the purpose for which it was acquired. The Ordinance coming
into force on 13.4.82 and having not being given retrospective operation,
cannot hit the contract earlier concluded with the Plaintiff.
Pronab Kumar
Chakraborty and Others Vs. The Govt. of the Peoples Republic of Bangladesh and
others, 14 BLD (HCD) 2
Section—34
It
prescribes no special period of limitation for preferring an appeal before the
Arbitration Appellate Tribunal. In the absence of any special period of
limitation prescribed in the Ordinance for preferring an appeal before the
Arbitration Appellate Tribunal, the general law of limitation comes into play
and as such section 5 of the Limitation Act may be restored to in such cases.
Govt. of
Bangladesh Vs District Judge, Dhaka and Arbitration Appellate Tribunal, Dhaka
and others, 17 BLD (HCD) 448.
Ref:
43 DLR (AD) 28; 6 BLD (AD) 180— Cited.
Sections—34(1)
(4)
An
award made by the Arbitrator is appealable under Section 34(1) of the
Ordinance: Sub-section 4 of Section 34 of the Ordinance gives finality to the
decision of the Arbitration Appellate Tribunal as in such cases it acts as a
Court deciding the rights of the parties to receive compensation.
Bangladesh
vs. Md. Mazibur Rahman, 14 BLD (HCD) 362