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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
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