Under the (Emergency) Requisition of property Act, 1948 when the notice under Section 3 is served upon the owner of the land and pursuant to that advance and or partial compensation is paid and the possession of the land is taken over by the Government and given it to the requiring body the owner of the land requisitioned will lose all his right over the land save the right to have compensation and cannot question the manner of use and utilization of the land by the requiring body.
Arbi Khanom & Ors. Vs. Govt. of Bangladesh 8 BLT (HCD)-333.
Section-3 Read with Section-5
Admittedly requisition was made only for .45 acres of Plot No. 1009 of Mouja Kafrul by Gazette Notification dated 26.7.83. Subsequently several years thereafter on 27.10.86 the Government made an amendment by Gazette Notification, saying that
there was Mistake in the previous Gazette Notification regarding the quantum of the land and in place of .45 acres .51 acres is to be read—
Held: Unless the property is requisitioned under section 3 of the Act it cannot be acquired without the proposal of the Deputy Commissioner. No pro vision of correction or amendment of the previous Gazette Notification by a subsequent Gazette Notification has been provided therein— subsequent Gazette Notification is illegal.
Mst. Nurjahan Begum Vs. Bangladesh & Ors. 6BLT(HCD)-153
Section- 5 (7)
Unutilized land validly acquired under the law
Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requisition of Property Act, 1948 (Act XIII of 1948), the right, title and interest if any of the owners are extinguished and preparation of Khatian or payment of rent does not improve the position of the original owners in respect of acquired land.
Bangladesh & Ors. Vs. Nawab Abdul Malik Jute Mills Ltd 15 BLT (AD)249
(East Bengal) Emergency Requisition of Property Act, 1948
Section — 5(7)
The position of law is that once the property is acquired under Sub-section (7) of section 5 of the (East Bengal) Emergency Requisition of Property Act, 1948 (East Bengal Act XIII of 1948), the same vests absolutely in the Government free from all incumbents and the right title and interest, if any, of the previous owners are extinguished. Under the law (East Bengal Emergency) Requisition of Property Act, 1948 (East Bengal Act. XIII of 1948) the government has no authority to release the property in favour of either the original owner or anybody else. The Government may also, use such land for similar other public purpose.
Wega Fashion Sweater & Ors. Vs.Sayeda Sajeda Hossain & Ors 15 BLT (AD)114.