Section-(f) and 2(h)

Question of estoppels

We have seen that the preamble of the Town Improvement Act, 1953 provides for development, improvement and expansion of the capital of the Republic. Therefore we are in agreement with the view of the High Court Division that although under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. Conversion of parks ad open spaces enjoyed by allotters of a plan township cannot be converted as residential plots. Conversion of such open spaces and parks into residential plots is not an improvement by any means and therefore exercise of such power is contrary to the purpose for which it is conferred under the Town Improvement Act, 1953.

RAJUK & Anr. Vs. Mohshinul Islam & Anr.(AD)-56