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Section 5(2), 6
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অর্পিত সম্পত্তি প্রত্যর্পণ
আইন, ২০০১
Section-5(2), 6
Direction-(h), The Government may take necessary measures by enacting law
in respect of properties which were vested to the Government and where
institution have already been developed for the purpose of the development
of the country may be named after the name of the original and lawful
owner. Regarding direction-(h)-Appellate Division’s considered view is
that a writ of mandamus cannot be issued to the legislature to enact a
particular legislation. Same is true as regards the executive when it
exercises the power to make Rules, which are in the nature of sub-ordinate
legislation.
This Act i.e. Act of 2001 covered issue of compensation vide section-5(2)
and proviso of section-6. The term ‘sufficient and just’ depends upon
the criteria, location, etc. of the property which will be determined by
the concern department of the Government. Relating to enactment of law,
Appellate Division already expressed their views while discussing
direction-(h) of the High Court Division. It appears that the Government
enacted a law, Act of 2001 (Amended in 2013), to dealt with the vested
properties fairly and reasonably in accordance with the law. As such, there
is no necessity to issue directions upon the Government regarding the
vested properties. .....Ministry of Land, Bangladesh =VS= Md. Abdul Hye,
(Civil), 2022(1) [12 LM (AD) 1]
....View Full Judgment
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Ministry of Land, Bangladesh =VS= Md. Abdul Hye |
12 LM (AD) 1 |
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Section 9(6)
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The Constitution of Bangladesh, 1972
Article 143 (1) (c) r/w
Arpito Shompotti Pratyarpan Ain, 2001
Section 9(6)
Permanent lease– The predecessor of the appellants are in possession of
the homestead of Shachida Nanda Sarkar from the year 1960 and from the
evidence it appears that such possession was not denied by the Government,
respondent Nos.1-2. Since appellants and their predecessors are/were in
possession of the homestead of Shachida Nanda Sarkar since long, Appellate
Division is, therefore, of the view that the landed property belonged to
the appellants i.e. homestead of Shachida Nanda Sarkar measuring 3(three)
bighas, the appellants for ends of justice would be entitled to have
permanent lease because the predecessors of the appellants were refugees to
take shelter came from India. The lease money would be Tk.1,00,000/- (Taka
one lac) only. .....Khandakar Nurul Islam(Md.) =VS= Deputy Commissioner,
Panchagarh, (Civil), 2022(1) [12 LM (AD) 60]
....View Full Judgment
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Khandakar Nurul Islam(Md.) =VS= Deputy Commissioner, Panchagarh |
12 LM (AD) 60 |