The provisions for service of notice upon the occupant of an abandoned property as provided in article 7 of PO 16 of 1972 read with rule 3 of the Rules, 1972 has, in fact, been re-introduced and re-asserted in clause (b) of section 5(1) of the Ordinance as a precondition before enlistment of a building of which the Government is not in possession and that notice for surrendering or taking over possession as abondoned property under PO 16 of 1972 had been served. (Per Md Abdul Wahhab, J, minority) Shahidul Haque Bhuiyan vs Chairman First Court of Settlement, 69 DLR (AD) 241

Abandoned Buildings (Supplementary Provision) Ordinance, 1985
Section 4(1) (b), 5(1)
Bangladesh Abandoned Property Order, 1972
Article 7(3) r/w
Bangladesh Abandoned Property (taking over possession Rules 1972)
Rule 3(1)(8)
Non-service of notice required under section 4(1) (b) of the Ordinance— If the property has assumed the character of abandoned property, 'the listing of the property in question, even if without service of notice as per provision of Ordinance No. 54 of 1985, is not material as the property because of non-service of notice of listing in the list of abandoned properties would not cease to be an abandoned property. Petitioner could not prove that his transferor Anwara Ahammed Chowdhury was present at the relevant time as required under law and interpreted by several decisions. The appeal is allowed without any order as to costs. The impugned judgment and order passed by the High Court Division is hereby set aside. .....Ministry of Housing and Public Works, BD =VS= Belal Uddin, (Civil), 2024(2) [17 LM (AD) 113] ....View Full Judgment