POURASHAVA ORDINANCE
(XXVI OF 1977)
Section—4
Urban area—Declaration of—Legal effect
that follows from mere declaration of some area as urgban area—Mere declaration
of a rural area to be an urban area by notification in the gazette under the
Pourashava Ordinance does not ipso facto make it a Municipality or make it
included in the limits of an existing Municipality by way of extension— The
rural area of Union Parisad so declared as urban area must be taken over by the
authority concerned as municipal area—The old Union Parisad will exercise its
function over the area declared as urban area, until the said urban areas are
included in Paurashava, after corn plying with the relevant provisions of
Paurasava Ordinance and the Rules made there under—-The residents of the rural
area, declared as urban area, will not be franchiseless by mere declaration of
rural area as urban area—They will exercise their franchise and enjoy other
facilities as per provision of Union Parisad Ordinance 1983—The alleged
existing precarious condition of people of the area concerned due to the
declaration are not to he considered in writ jurisdiction.
Md.
Jalaluddin Vs. Bangladesh Repre sented by the Secretary Ministry of LGRD and
others. 10BLD (HCD) 145
Section—15(2)
Interpretation of statute—Mandatory and
directory provision—Whether the provision for holding by-election for electing
Chairman of the Pourasava within one month -of the vacancy is mandatory or
directory in nature—No consequence has been provided in the law for breach of
this requirement of holding by election within one month—In normal course where
a public officer is directed by a statute to perform a duty within a specified
time the provision as to time limit is regarded as directory—Had the provision
of clause 15(2) been intended by the legistature to be mandatory then the
consequences in the matter of default would have been provided but this having
not been done the normal meaning would be that it was a directory provision.
Abdul
Hamid Miah Vs. Bangladesh Election Commission and others
Sections—95 and 96
Jurisdiction—No exclusive jurisdiction
of Dacca Imptovement Trust or Dacca Municipal Corporation for land reclamation,
land development and housing etc.—These powers are permissible in nature
subject to approval of the Government.
Md. Ismail and others Vs. Bangladesh and
others. 1BLD (HCD) 407
Section—143
Encroachment—Plea of encroachment when
sustainable—Question of encroachment arises only in circumstances when someone
is in lawful possession of a particular premises but makes an unlawful
extension thereof.
Al-Haj
Mirza Shamsuddin Beg Vs. Bangladesh and another; 10BLD (HCD)22.