Emergency Requisition of Property Act, 1948: Explore Acquisition vs Requisition

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 amended by Gazette Notification, saying that there was mistake in the previous Gazette Notification regarding the quantum of the land arid 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 provision of correction or amendment of the previous Gazette Notification by a subsequent Gazette Notification has been provided therein—the subsequent Gazette Notification is illegal. [Paras-14 & 15]

Mst. Nurjahan Begum Vs. Bangladesh & Ors 6 BLT (HCD)-153

East Bengal Emergency Requisition of Property Act, 1948 [XIII of 1948]

Section-4

Service of notice—In matters of requisition for acquisition, notice is mandatory—the government is required to serve notice upon the occupant or the owner. That having not been done, the so-called acquisition and requisition is without jurisdiction. [Para-3]

M. A. Razzaque Vs. Ministry of Land 6 BLT (HCD)-95

Sections-5(1), 5(3) and 5(7)

Notice was issued under section 5(1) sometime in 1967-68 and final acquisition was made by a notification dated 20th July, 1983 under section 5(7), there is no time limit prescribed for final acquisition under section 5(7), but there should be proximity between the date of notice under section 5(1) and that under section-5(7). [Para 12]

Bangladesh Vs. Luxmi Bibi & Ors. 2 BLT (AD) 182

Section-5(7)

In the present case, the land was requisitioned for the purpose of permanent acquisition and possession was taken long back and the purpose for which it was requisitioned has been completed. In such a case the doctrine of legitimate expectation will have no bearing. This delay of gazette notification under Section 5(7) of the Act by itself will not ipso facto give any right to the writ petitioners to get release of the land from requisition. [Para-7]

Govt. of Bangladesh & Ors. Vs. Abdul Wahab Mia & Ors. 7 BLT (AD)- 169

Section-5B

The Government is competent to withdraw any property from acquisition and release to the original owner in exercise of the power conferred by Section 8B of the Act, only before the payment of compensation and not after it. [Para-13]

Shah Ekramur Rahman Vs. Sec. Ministry of Land & Ors. 3 BLT (HCD)-35

Section- 14A

Plea of bar of suit—ex parte decree set aside by the High Court Division of finding that the disputed land was acquired long ago and due notification was made in the Gazette—Appellate Division refrained from interfering with the judgment of the High Court Division. Contention was raised that ex parte decree was not per law. [Para-3]

Alfu Miah and Others Vs. Bangladesh 1 BLT (AD)-25 .

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