12, 16, 17 -S. 12A: Notice for removal of construction can only be served on the owner and not on the tenant.
Section 12A of the Act does not contemplate a notice of removal. To the extent that it required the accused to remove the unauthorised construction the notice is illegal. Removal of any unauthorised con- struction can only be required under sections 4 and 5 of the Act. If the accused was the owner of the land, the notice might not be held to be illegal simply because it is stated that it is issued under section 12A of the Act. But the point goes to the very root of the case. No one except the owner can be asked to re- move the unauthorised construction.
Sections 4 and 5 have reference to the construction made before the coming into force of the Act. Emdad Hossain Vs. Authorised Officer, Chittagong Development Authority, (1967) 19 DLR 727.
