| Citation(s) |
|---|
| 1965 SLG 4455 = 1965 SLD 4455 = 1965 PLD 1 |
Dacca High Court
Writ Petitions Nos. 430, 431, 437 to 441 and 456 of 1963, decided on 20th July 1964.
Presented By: A. Sattar and A. M. Sayem, JJ
Mozammel Huq (Ahmed Sobhan appeared with Mozammel Huq only in Petition No. 456 of 1963) for Petitioner. Maksumul Hakim, Advocate-General with Abdul Rasheed (in Petitions Nos. 430 and 431 of 1963) for
Respondents 1 and 2. A. W. Malik (in Petitions Nos. 437 and 438 of 1963) for
Respondents 1 and 2. Nurul Huq Bhuiyan (in Petitions Nos. 439, 440 and 441 of 1963) for
Respondents 1 and 2. Mustafa Kamal (in Petition No. 456 of 1963) for Respon dents 1 and 2. Hamidul Huq Chowdhury, A. H. Mirza and N. Islam Miah fo
Respondent No. 3.
Writ Petitions Nos. 430, 431, 437 to 441 and 456 of 1963, decided on 20th July 1964.
Presented By: A. Sattar and A. M. Sayem, JJ
Mozammel Huq (Ahmed Sobhan appeared with Mozammel Huq only in Petition No. 456 of 1963) for Petitioner. Maksumul Hakim, Advocate-General with Abdul Rasheed (in Petitions Nos. 430 and 431 of 1963) for
Respondents 1 and 2. A. W. Malik (in Petitions Nos. 437 and 438 of 1963) for
Respondents 1 and 2. Nurul Huq Bhuiyan (in Petitions Nos. 439, 440 and 441 of 1963) for
Respondents 1 and 2. Mustafa Kamal (in Petition No. 456 of 1963) for Respon dents 1 and 2. Hamidul Huq Chowdhury, A. H. Mirza and N. Islam Miah fo
Respondent No. 3.
BEGUM SHAMSUNNAHAR-Petitioner
VERSUS
PROVINCE OF EAST PAKISTAN AND OTHERS Respondents
Law: Constitution of Pakistan, 1962
Section: 6
Law: East Bengal (Emergency),Requisition of Property Act (XIII of 1948)
Section: 3
(a) East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 3 and Chittagong Development Authority Ordinance (LI of 1959), S. 74 [both as amended by Chittagong Development Authority (Land Acquisition Validation) Ordinance (VIII of 1963)"Acquisition" includes "requisition"-Order of requisition under S.3, East Bengal (Emergency) Requisition of Property Act, 1948, passed but no possession of land taken-Order, nevertheless, held, validated by provisions of Chittagong Develop ment Authority (Land Acquisition Validation) Ordinance, 1963 Authority passing order of requisition to apply its own mind as to existence of "public purpose"-Scheme approved by Government, however, can furnish adequate basis for subjective satisfaction of requisitioning authority in this behalf. Md. Amir Hossain v. Province of East Pakistan and others P L D 1964 Dacca 24 ; Province of East Pakistan and others v. Jogesh Chandra Lodh and others 11 D L R (S C) 411 and Md. Abdul Qadir Chowdhury v. Province of East Pakistan and others 14 D L R 452 distinguished. Mohammad Nur Hussain v. The Province of East Pakistan and others P L D 1960 Dacca 31 and . Province of East Pakistan v. Dr. Azizul Islam P L D 1963 S C 185 ref. (b) Constitution of Pakistan (1962), Art. 6-Fundamental Rights-Validation of invalid order by Legislature-Does not violate fundamental rights - Chittagong Development Authority (Land Acquisition Validation) Ordinance (VIII of 1963). Dates of hearing: 10th and 14th July 1964. JUDGMENT SATTAR, J.-In each of these cases the petitioner has obtained a rule upon (1) The Province of East Pakistan represented by the Secretary, Revenue Department, (2) The Land Acquisition Officer, Chittagong, and (3) The Chairman, Chittagong Develop ment Authority to show cause as to why the order of requisition passed requisitioning the properties of these petitioners should not be declared to have been made without lawful authority and as such of no legal effect. All these cases arise out of an order purported to have been passed by the Land Acquisition Officer, Chittagong under section 3 of…