The Town Improvement Act, 1953
Section 93A, 93(A)(a), Sub-section (5), (4),
4(a), 4(h)
Any provision to show that final assessment
is to be made on the basis of the current, market value after Gazette publication
of notice under section 93A 4(h), the proceeding under the contempt Act is a
quasi criminal proceeding. When it appears to us that there is con- fusion
about the legal position as to what is meant by 'Final assessment' it is not
possible to arrive at a conclusion that the contemners committed contempt of
court by violating this courts order as mentioned above. Alhaj Sona Ullah vs
Aminur Rahman, Secretary. Ministry of Works, Bangladesh Secretariat, Dhaka and
others (Md. Tafazzul Islam J) (Criminal) 3ADC 846
Section 93A (5)- If the concerned authority of the appellants find that full compensation of the acquired property was not paid in accordance with sub-section (5) section 93A, final assessment has to be made of the acquired land according to sub-section (5) of section 93A- The Appellate Division finds that full compensation of the requisitioned property is not paid under that section. The learned Deputy Attorney General for the appellants could not produce any paper to show that compensation was paid to the respondent according to the provision of sub-section (5) of section 93A of the Town Improvement Act. Therefore, the appellants are directed to inquire into whether full compensation has been paid as per provision of sub-section (5) of section 93A or whether compensation has been paid on the basis of a provisional estimate prepared on rough and ready calculation as per section 93B. If the concerned authority of the appellants find that full compensation of the acquired property was not paid in accordance with sub-section (5) section 93A, final assessment has to be made of the acquired land according to sub-section (5) of section 93A...... Ministry of Land -VS- Haji Ashraf Ali & others, [1 LM (AD) 228]
Town Improvement Act- In spite of repeal of sections 93A and 93B of the Town Improvement Act the pending acquisition of disputed land shall be continued under the aforesaid provision as if those have not been repealed. Ministry of Land -VS- Haji Ashraf Ali & others, [1 LM (AD) 228]
