THE TOWN IMPROVEMENT ACT, 1953 (EAST BENGAL ACT), CHAPTER IV

CHAPTER IV

ACQUISITION AND DISPOSAL OF LAND

Acquisition by Agreement

Power to purchase or lease by agreement78. The Kartripakkha may enter into an agreement with any person for the acquisition from him by purchase, lease, or exchange, of any land or any interest in such land, which the Kartripakkha are authorised to acquire.

Compulsory Acquisition

Power to acquire and dispose of land49[79. (1) The Kartripakkha may, for carrying out of the purposes of this Act, acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of, by sale, lease, exchange or otherwise, such land or any interest in such land.

(2) The acquisition of any land or interest in land for the Kartripakkha under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), and the provisions of the said Ordinance shall apply to all such proceedings.]

[Omitted.]80. [Tribunal to be constituted.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987). ]

[Omitted.]81. [Modification of the Land Acquisition Act, 1894.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]82. [Constitution of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]83. [Remuneration of the President.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]84. [Employee of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]85. [Payments by Board on account of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]86. [Power to make rules for Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]87. [ward of Tribunal how to be enforced.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]88. [Appeal from awards of the Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]89. [Procedure in such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]90. [Execution of orders of Courts.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]91. [Period of limitation for such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]91A. [Arbitrator.- Inserted by section 14 of the Town Improvement (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. LXIX of 1958) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Abandonment of Acquisition

[Omitted.]92. [Abandonment of acquisition in consideration of special payment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]93. [Abandonment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]93A. [Requisition of Property for any scheme.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]93B. [Payment of compensation.- Inserted by section 17 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Bar to jurisdiction of Civil Court50[93C. Except as expressly provided in this Chapter, no Civil Court shall entertain any suit or application against any order passed or any action taken under this Chapter and all suits and appeals pending in any such court against any such order passed or any action taken under this Chapter shall abate with effect from the date of coming into force of the Town Improvement (Amendment) Ordinance, 1965.]

Betterment Fee

Payment of betterment fee94. (1) When by the making of any improvement scheme or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Kartripakkha, be increased in value, the Kartripakkha, in framing the scheme, may, in lieu of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme.

(2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.

Assessment of betterment fee by Kartripakkha95. (1) When it appears to the Kartripakkha that an improvement scheme or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Kartripakkha shall, by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (a) of sub-section (1) of section 48 that the Kartripakkha propose to assess the amount of the betterment fee payable in respect of such land under section 94.

51[(2) The Kartripakkha shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard.

(3) Any person aggrieved by the assessment made by the Kartripakkha under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision thereon shall be final.]

[Omitted.]96. [Settlement to betterment fee by Tribunal.- Omitted by section 25 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Kartripakkha to give notice to persons liable to payment of betterment fee97. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 95 52[* * *], the Kartripakkha shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made; and interest at the rate of 53[ten] per cent per annum upon any amount outstanding shall be payable from that date.

Agreement to make payment of betterment fee a charge on land98. (1) Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Kartripakkha to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 54[ten] per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 97.

(2) Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, be the first charge upon the interest of such person in such land.

(3) [Omitted by section 27 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]99. [Recovery of money.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Acquisition on fresh declaration

[Omitted.]100. [Agreement or payment not to bar acquisition under a fresh declaration.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Disposal of Land

Power to dispose of land101. (1) The Kartripakkha may retain, or may let on hire, lease, sell, exchange or otherwise dispose of any land vested in or acquired by them under this Act.

(2) Whenever the Kartripakkha decide to lease or sell any land acquired by them under this Act from any person, they-

(a) shall give notice by advertisement in local newspapers, and

(b) shall offer to the said person, or his heirs, executors or administrators, a prior right to take on lease or to purchase such land, at a rate to be fixed by the Kartripakkha, if the Kartripakkha considers that such a right can be given without detriment to the carrying out of the purposes of this Act.

(3) If in any case two or more persons claim to exercise a right offered under clause (b) of sub-section (2) to take on lease or to purchase any land, the right shall be exercisable by the person who agrees to pay the highest sum for the land, not being less than the rate fixed by the Kartripakkha under that clause, to the exclusion of the others.