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Jamuna Multipurpose Bridge Project (Land Acquisition) Act, 1995

Act No.14 of 1995

An Act to provide for the acquisition of land for the purpose of carrying out the Jamuna Multipurpose Bridge Project

Whereas it is expedient to acquire land for the purpose of carrying out the Jamuna Multipurpose Bridge Project:-

Now, therefore, it is herewith enacted as follows:

1. Short title.- This Act may be called the Jamuna Multipurpose Bridge Project (Land Acquisition) Act, 1995.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

(a) "Jamuna Multipurpose Bridge Project" means the Multipurpose Bridge defined in section 2(e) of the Jamuna Multipurpose Bridge Authority Ordinance, 1985 (XXXIV of 1985), heretoafter referred to as the Jamuna Multipurpose Bridge Project Act;
(b) "person" includes any institution, company and organization;
(c) "intention contrary to the public interest" means any intention to receive financial benefits by way of compensation or in any other way or any arrangement to obstruct or delay the realisation of the Jamuna Multipurpose Bridge Project;
(d) "Zila Administrator" means a Deputy Commissioner as defined in section 2(b) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), heretoafter referred to as the Land Acquisition Act.
(e) "Commissioner" means Commissioner of the department concerned.

4. Act to override other laws.- The special provisions of section 5 of this Act shall, in respect of acquisition of land for the realisation of the Jamuna Multipurpose Bridge Project, have effect notwithstanding anything to the contrary contained in the Land Acquisition Act, any rule made thereunder or any other law or rule for the time being in force.

5. Special provisions.- (1) No person shall be entitled to receive compensation for any premises or any other kind of constructions build or to be build with intention against the public interest on land to be, or likely to be, acquired for the realisation of the Jamuna Multipurpose Bridge Project or for any alteration of the quality of any premises or construction or land made with the same intention.
(2) If the Zila Administrator is, when determining compensation under section 8 of the Land Acquisition Act, satisfied to the effect that any premises or any other kind of construction have been, or are to be, built with intention against the public interest on land to be, or which was likely to be, acquired for the realisation of the Jamuna Multipurpose Bridge Project or that any premises or construction or land have been altered with the same intention, he shall not consider such premises or construction or alteration for award of compensation under the said section 8 and shall reject such demand for compensation, if any.
(3) Every person affected by the rejection of his demand under sub-section (2) may, within seven days from the date on which the order of rejection has been passed, submit an appeal against such rejection to the Commissioner (concerned with) demands for compensation.
(4) The Commissioner shall, within seven days after receipt of an appeal under sub-section (3), investigate on the spot the subject of the appeal and shall thereupon, within no more than five days, after having given opportunity for a hearing to the appellant, pass his decision on the appeal.
(5) The decision of the Commissioner passed under sub-section (4) shall, with respect to the matter concerned, be final.
(6) Where an appeal has been rejected by a decision passed under sub-section (4), the appellant shall, within 24 hours of the service of the order of such decision, remove the premises or construction concerned at his own costs and on his own reponsibility, otherwise the Zila Administrator shall sell the said premises or construction at public auction and deposit the sale proceeds with the public treasury.
(7) Where a claimant does not file an appeal under sub-section (3) against the rejection of his demand for compensation by the Zila Administrator under sub-section (2) within the prescribed period, he shall remove the premises or construction concerned within the 24 hours following next the said period, otherwise the Zila Administrator shall take the measures mentioned in sub-section (6).
(8) No court shall entertain any case or application against any order issued or action taken under this section, and no court shall issue any kind of prohibitory order in respect of any measure taken or to be taken under this section or on the strength of any power received under this section.

6. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.