MD. ABDUL MAJID DARIA Vs. BANGLADESH

JUDGEMENT

(1.) These are the two appeals by leave from the judgment of the High Court Division in P.M.A. Nos. 60 and 112 of 1995, one counter to the other. By the impugned judgment the High Court Division set aside the award made by the Subordinate judge, Arbitration Court, Dhaka, on 23 February 1995 in Arbitration Case No. 38 of 1993 brought by the appellant and dismissed the arbitration case.

(2.) Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1330, 1345, 1362 and 1366 (measuring 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation.

(3.) On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on the ground that he was the owner in possession of the same by registered documents when the Government took over possession thereof. The Kanungo in his endorsement upon this application noted that the his endorsement upon this application noted that the appellant by virtue of registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basis of such purchase he had prayed for compensation. But a long time ago the compensation money for the lands had got distributed.