Bangladesh Government and Local Authority Lands and Buildings (Recovery of Possession) Order, 1972

 

Article 2-

Justice demands that even trespassers cannot be evicted forcibly without notice and without giving chance to them to remove themselves willingly.

Aleya Begum and others vs Bangladesh and others 53 DLR 63.

Article 2-

As the legislature intended the notice period to be mandatory, subsequent addition of the proviso was made to reduce the notice period from 30 days to 7 days and thus the time limit of 7 days’ notice was amended.

Aleya Begum and others vs Bangladesh and others 53 DLR 63.

Article 2-

The provisions of section 5 of Act 24 of 1970 as amended vide President’s Order 85 of 1972 with regard to service of 7 days’ notice before eviction are mandatory and not directory.

Aleya Begum and others vs Bangladesh and others 53 DLR 63.

Article 3—

If an allotment of Government land or building was made to a private person or employee .of .an autonomous body, or even a government servant, ·then the only way to evict him therefrom is under section 3 on the ground of breach of any covenant or on determining of the lease. Bangladesh Allocation Rules, 1982 cannot be applied to evict an employee of an autonomous body.

Syed Mozammel Huq vs Bangladesh 44 DLR 403.

Article 5(1)—

Since the government took over possession of the property by evicting the brothers of the petitioner without issuing notice, such eviction was not in due course of law.

Rafiqul Alam vs Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh and others 49 DLR 456.