| Citation(s) |
|---|
| 1966 SLG 5234 = 1966 SLD 5234 = 1966 PLD 411 |
Dacca High Court
Petitions Nos. 430, 431, 437, 438, 439, 440, 441 and 456 of 1963, decided on 20th July 1964.
Presented By: Abdus Sattar and A. M. Sayem, JJ
Mozammel Huq (with Ahmad Sobhan) (in Petition No. 456/63) for Petitioners. Maksumul Hakim Advocate-General (with Abdur Rasheed) (in Petitions Nos. 430 and 431/63), A. IV. Mallik (in Petitions Nos. 437 and 438/63), Nurul Huq Bhuiyan (in Petitions Nos. 439, 440 and 441/63), Mustafa Kamal (in Petition No. 456 of 1963) for
Respondents Nos. 1 and 2. Hamidul Huq Chowdhury, A. H. Mirza and N. Islam Miah for
Respondent No. 3.
Petitions Nos. 430, 431, 437, 438, 439, 440, 441 and 456 of 1963, decided on 20th July 1964.
Presented By: Abdus Sattar and A. M. Sayem, JJ
Mozammel Huq (with Ahmad Sobhan) (in Petition No. 456/63) for Petitioners. Maksumul Hakim Advocate-General (with Abdur Rasheed) (in Petitions Nos. 430 and 431/63), A. IV. Mallik (in Petitions Nos. 437 and 438/63), Nurul Huq Bhuiyan (in Petitions Nos. 439, 440 and 441/63), Mustafa Kamal (in Petition No. 456 of 1963) for
Respondents Nos. 1 and 2. Hamidul Huq Chowdhury, A. H. Mirza and N. Islam Miah for
Respondent No. 3.
Hakim AHMADUP, RAHMAN MALIK AND OTHERS -Petitioners
VERSUS
THE PROVINCE OF EAST PAKISTAN, THE LAND ACQUISITION OFFICER, CHITTAGONG AND (3) THE CHAIRMAN, CHITTAGONG DEVELOPMENT AUTHORITY- Respondents
Law: Chittagong Development Authority (Land Acquisition Validation) Ordinance (VIII of 1963)
Section: 3,4
Law: Chittagong Development Authority Ordinance (LI of1959)
Section: 74(2)
Law: East Bengal (Emergency),Requisition of Property Act (XIII of 1948)
Section: 3
(a) Chittagong Development Authority (Land Acquisition Validation) Ordinance (VIII of 1963), Ss. 3 & 4-Requisitions covered not only by S. 4 but also by S. 3-Words "land acquired" used in S. 3 do not mean that where only order of requisition has been made and possession of land has not been taken, such land does not come within ambit of S. 3-"Acquisition" and "requisition" not entirely different concepts. Cases which relate to an order of requisition are covered not only by section 4 but also section 3 of the Chittagong Development Authority (Land Acquisition Validation) Ordinance, VIII of 1963. Section 4 validates anything done or action taken c r purported to have been done or taken (including any declaration made, any notice or orders issued, assessments or payment of compensations made under the Chittagong Develop ment Authority Ordinance, 1959, or the East Bengal (Emergency) Requisition of Property Act, 1948). In section 3 the words "land acquired" have been used but that is no ground to think that a case in which only an order of requisition has been passed and possession of the land has not been taken does not come within its ambit. Amir Hossain v. Province of East Pakistan and others P L D 1964 Dacca 24 ref. "Acquisition" is not a term of art, and "acquisition" and "requisition" are not entirely different concepts. Mohammad Nur Hussain v. The Province of East Pakistan and others P L D 1959 S C (Pak.) 470 ref. It is not necessary to go into the accuracy of the language used in these sections. The legislative intent appears clear. Chittagong Development Authority Ordinance (LI of1959), S. 74 (2)-"Public purpose"-Division of surplus land, left after construction of road, into 17 plots and to allot same to as many owners from whom land had been acquired for purpose of constructing a "befitting commercial area"-Held to be "public purpose". Chittagong Development Authority Ordinance (LI of 1959), S. 74(2) - Purpose as stated in notice : "widening and improve ment of Station Road, Chittagong"-Details…