Law: East Bengal (Emergency),Requisition of Property Act (XIII of 1948)

Section: S. 3

  East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 3-Order of requisition vague and indefinite regar ding property sought to be acquired-Illegal and inoperative--- Section does not authorise relevant authority to requisition land specification as to location and extent of which is to be determined in future.   East Bengal (Emergency) Requisition of Property Act (XIII of 1943), S. 3 readwith S. 4-Order tinder S. 3 must bear personal signature of person making order-Rubber stamp no substitute for conscious signature - Requirement of S. 4 not a mere technicality Original order and trot copy to be served personally upon person affected by order-Alternative mode of service under S. 4 may be resorted to only after it is proved that personal service was not possible-Right to obtain possession of requisitioned property vests only upon service of order made under S. 3 in manner specified in S. 4-Order recorded in official file of relevant authority under S. 3 without service of notice under S. 4-Of no legal consequence.   East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 3-Order mala fide-Set aside.   East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 3-Authority passing order of requisition not applying his mind as to need for order and also as to public interest behind it-Order, void and inoperative.   East Bengal (Emergency) Requisition of Property Act (XIII of 1948), Ss. 3 & 5 and Land Acquisition Act (I of 1894) Acts do not provide two alternative modes of acquisition of land in public interest- Purpose of East Bengal (Emergency) Requisition of Property Act, 1948 simply requisition whereas that of Land Acquisition Act, 1894: acquisition simplicitor-- Acquisition of requisitioned property under East Bengal (Emer gency) Requisition of Property Act, 1948 valid but converse proposition: requisition merely for acquisition-Not authorised-- Authorities taking recourse to provisions of East Bengal (Emer gency) Requisition of Property Act, 1948 in order to evade more liberal provisions of Land Acquisition Act, 1894-Order, held, illegal and void.   Abdus Sobhan Sowdagar v.…