Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)



Land Acquisition Act, 1894 (BD)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 16

Once the property is validly acquired there is no scope for releasing the same– In the light of the findings, Appellate Division is of the view that the Government validly acquired the suit land along with other land for establishment of District Headquarters of Noakhali and that the acquired properties vested in the Government free from all encumbrances as provided under section 16 of the Act of 1894.
Once the property is validly acquired there is no scope for releasing the same. But as owner of the acquired property, the Government is at liberty to lease out the suit land to anybody. In the case in hand, the trial Court, the appellate Court and the High Court Division found that the plaintiffs had been in possession of a portion of the suit land and that their dwelling houses, garden, and tank are on the said land. In the light of the findings made before, Appellate Division is inclined to set-aside the impugned judgment delivered by the High Court Division and allow the appeal with the direction that 5.04 acres of land may be leased out to the plaintiffs considering their prolong possession thereof. .....Ministry of Land, Bangladesh =VS= Jalal Uddin College, Noakhali, (Civil), 2022(1) [12 LM (AD) 121] ....View Full Judgment

Ministry of Land, Bangladesh =VS= Jalal Uddin College, Noakhali 12 LM (AD) 121
Section 23 and section 24

read with Emergency Requisition of Property Act, 1948 Section -2 (III)
Whether the learned Arbitrator was wrong in allowing 15% Statutory compansion on all items except land,
Land does not mean the land simpliciter, but also includes benefit arising out of the land, things attached to the earth or permanently fastened to anything attached to the earth and in that state of the matter in assessing statutory compensation @ 15% in respect of the acquired land the arbitrator has not committed any error of law. Government of Bangladesh Vs. Mrs. Anwara Huq & Ors. 14 BLT (AD)188

Government of Bangladesh Vs. Mrs. Anwara Huq & Ors. 14 BLT (AD) 188