Emergency (Land and Building) Requisition Ordinance, 1982

 

Emergency
(Land and Building) Requisition Ordinance [II of 1982]


Sections 5 & 44–

Section 5 of
the Ordinance provides that the decision of the government shall be the
conclusive evidence that the property is needed for a public purpose. The High
Court Division is correct in saying that if from the pleading it can be seen
that the purpose does not appear to be in public interest the Civil Court’s
jurisdiction is not ousted by section 44 of the Ordinance.

Ali Jan Khan
vs Bangladesh 37 DLR (AD) 161.

 

Section 44–

Property has
been acquired for valid purpose, the Civil Court has no jurisdiction to
question the acquisition.

Ali Jan Khan
vs Bangladesh 37 DLR (AD) 161.