স্থাবর সম্পত্তি অধিগ্রহণ ও হুকুমদখল আইন, ২০১৭
Sections 4, 5(1)-(3), 6(1)(ka), 7(1), 8(3)(ka)
Constitution of Bangladesh, 1972
Articles 42, 31, 102
Change of classification of the properties— Authority vide order No.10, dated 13.03.2024 fixed 21.03.2024 for hearing subject to giving notice upon the persons concerned. On the said date the concerned authorities duly heard the respective matters. Subsequently, a 7(seven) members committee was formed on 17.04.2024 to conduct joint survey pursuant to the objection(s) being raised on the proposed acquisition of properties, including the property of the respondent writ petitioner. Said committee, upon inspection of the properties on 22.04.2024 gave respective recommendations under Section 5(2) of the Act, 2017 for change of classification of the properties of the respondent writ petitioner including others. Said recommendations were duly approved by the Deputy Commissioner, Dhaka on 27.06.2024. Pursuant to the said approval of the Deputy Commissioner, Dhaka dated 27.06.2024 the book of joint survey was duly corrected on 30.06.2024 upon changing the classification of the property in question from ‘‘বাড়ী’’ to ‘‘দোকান’’. Accordingly, the Deputy Commissioner, Dhaka vide order dated 30.06.2024, signed on 14.07.2024, sent all the required documents along with his recommendations under Section 5(3) of the Act, 2017 to the Ministry concerned for its final approval under Section 6(1)(ka) of the said Act, for, the property involved more than 50 (fifty) bigha.
Ultimately, the Ministry of Land gave final approval under Section 6(1) of the Act, 2017 vide order dated 17.09.2024 for acquisition of 2.307 acres of land including the land of the respondent writ petitioner. Meanwhile, notice under Section 7(1) of the Act, 2017 had been issued on 23.09.2024 for taking over possession of the property in question. In addition, the concerned authority also, issued notice upon the respondent writ petitioner on 28.11.2024 under Section 8(3)(ka) of the said Act to receive compensation/award.
Considering the above undisputed contexts, Appellate Division categorically finds that with the filing of the application dated 28.02.2024 to the Deputy Commissioner, Dhaka for change of classification of the properties in question the respondent writ petitioner has lost/waived her right to oppose the instant Civil Appeal. Accordingly, this Civil Appeal is allowed, however, without any order as to costs. .....Project Director, MRT Line-1, Dhaka =VS= Nilufar Hossain, (Civil), 2025(2) [19 LM (AD) 97] ....View Full Judgment