Section 16
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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
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Ministry of Land, Bangladesh =VS= Jalal Uddin College, Noakhali |
12 LM (AD) 121 |
Section 23 and section 24
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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
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Government of Bangladesh Vs. Mrs. Anwara Huq & Ors. |
14 BLT (AD) 188 |