Judicial Dictionary



Title Requisition of Property
Details

It is crystal clear that once a property is acquired and vested in the Government after making payment of compensation there is no scope to release the same to the original owner or to his heirs. ...Government of Bangladesh =VS= Dewan Fakhrul Alam, (Civil), 2019 (1) [6 LM (AD) 47] ....View Full Judgment


Requisition/acquisition of the suit plot compensation–
Article 42 of the Constitution provides 'every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property and no property of a citizen shall be compulsorily acquired, nationalised or requisitioned save by the authority of law on payment of appropriate compensation'. Payment of adequate/ appropriate compensation in lieu of acquisition is a constitutional right of a citizen. Non payment of such compensation shall fully frustrate/ affect the constitutional right of the affected person. From the records it appears that the defendant-appellants failed to prove that against the requisition/acquisition of the suit plots any/adequate compensation has been paid to the affected person.
The appellants are directed to assess and pay adequate compensation, if not paid earlier, to the respondents, who are affected persons, in accordance with law. Accordingly, both the civil appeals are allowed with the above observations and direction. …Government of Bangladesh =VS= Md Alamgir Hossain, (Civil), 2019 (2) [7 LM (AD) 146] ....View Full Judgment