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ACQUISITION AND REQUISITION OF

IMMOVABLE PROPERTY ORDINANCE,
1982
Citation: 9 BLD (HCD) 546, 8 BLD (HCD) 357, 12 BLD (HCD) 362.

Case Year: 1982

Subject: ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY

Delivery Date: 1970-01-01

ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY ORDINANCE, 1982

Sections—2(b) and 3

Acquisition of property—Authority to issue notice for acquisition of property—It is

the
Deputy Commissioner who has to ,cause a notice to be published under the
Ordinance—In 4he absence of any authorisation, the order passed and notice signed
by the Land Acquisition Officer are unauthorised and are without our jurisdiction.

Sankar Gopal Chatterjee and others Vs. Additional Commissioner, Dhaka Division and
others, 9 BLD (HCD) 546.
Sections—3 and 15

Acquisition of property—Pre-condition for notice to sue acquire--Before the Deputy

Commissioner acquires jurisdiction to publish .i notice of acquisition of property
an
agreement with the non-government requiring body i sine qua non for the exercise of
such power—It cannot be accepted that an acquisition proceeding may be started
without any agreement, but if a subsequent agreement is reached, then it amounts to
validation—The “principle of subsequent validation cannot’ be entertained in a
matter
where the property rights of the citizen is involved

Sankar Gopal Chatterjee and others Vs. Additional Commissioner, Dhaka Division and
others, 9 BLD (HCD) 546.

Section—3

Acquisition of property—Power to acquire when to be exercised—The law of

acquisition gives the Deputy Commissioner the power to acquire in the likelihood of
two situations, first, if the property is needed or, it is likely to be needed—A
property
is either needed or it is likely to be needed, but while acquiring a property the
Deputy
Commissioner cannot keep both the alternatives in his pocket—The use of both
these alternative expressions in the notice is indicative of a lack of application
of
mind and the notice is liable to be struck down on that ground.

Sankar Gopal Chatterjee and others Vs. Additional Commissioner, Dhaka Division and
others, 9 BLD (HCD) 546.

Section—3

Acquisition of property—Acquisition for a co-operative society whether public

purpose—Acquisition for a co-operative society per see is not a public purpose—The
purpose for which the co-operative society proposes to use the acquired land is the
ultimate test for a decision as to whether the acquisition is for a public purpose
or
not.

Sankar Gopal Ckatterjee and others Vs. Additional Commissioner, Dhaka Division and
others, 9 BLD (HCD) 546.

Sections—3, 4 and 17

Acquisition of property—Need to state the precise public purpose in the notice—

There is a total lack of disclosure in the notice as to for what purpose. The co-
operative society needs the acquired land—the need to state the precise public
purpose in the body of the notice is imperative—If no specific public purpose is
stated then the right given to object to the acquisition challenging the public
purpose
stated is rendered nugatory and illusory—Sinceno property acquired under the
Ordinance shall be used for any purpose other than the purpose for which it is
acquired, without the prior approval of the Government, if the public purpose is
left
completely vague and unspecified, then this will give a handle to the requiring body
to use the acquired property in any manner it deems fit.

Sankar Gopal Chatterjee and others Vs. Additional Commissioner, Dhaka Division and
others, 9 BLD (HCD) 546.
Sections—10, 27, 32 and 36

Arbitrator—Whether an Arbitrator appointed under Ordinance II of 1982 is a Court—

Such an Arbitrator essentially conducts an inquiry into the amount of compensation
that a person may reasonably receive in respect of his acquired land and structures
—
This is a limited inquiry investigative in nature—He does not exercise a judicial
function in course of such an inquiry, although he is expected to act within
judicial
norms—The provision deeming his award to be a decree and his statement of
grounds to be a judgment does not elevate him to the status of a civil Court— Code
of Civil Procedure, 1908 (V of 1908), Ss. 2(2)(9), 34, Or. 39 Rs 1 and 2; East
Bengal
(Emergency) Requisition of Property Act, 1948 (XIII of 1948), S. 7(b);

Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 8 BLD (HCD) 357.

Ref: 38 DLR (AD) 172; 20 DLR 599 (SB.); 25 DLR44O; 26 DLR265; —Cited.

Section—44

The suit comes within the mischief of section 44 of the Ordinance. Although it is
true
that the plaint contains some general allegations of malafide, it cannot be held
that
the Courts below committed any illegality in rejecting the plaint of the suit.

Din Mohammad Molla and another Vs. Chairman, Khulna Development Authority and
others, 12 BLD (HCD) 362.

Ref: 39 DLR (AD) 1.

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