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The Khulna Development Authority Ordinance, 1961 (East Pakistan Ordinance)

( Ordinance NO. II OF 1961 )

এই অধ্যাদেশ খুলনা উন্নয়ন কর্তৃপক্ষ আইন, ২০১৮ (২০১৮ সনের ৩২ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter VI

ACQUISITION AND DISPOSAL OF LAND

Land Acquisition

Acquisition and disposal of land
76. (1) The Authority may, for carrying out the purposes of this Ordinance, acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of by sale, lease, exchange or otherwise, such land or any interest on such land.
 
 
 
 
(2) The acquisition of any land or interest in land for the Authority under this section, or for any scheme under this Ordinance, shall be deemed to be an acquisition for a public purpose within the meaning of the 1[Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)] and the provisions of the said Act shall apply to all such proceedings.
 
 
 
 
(3) [Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Acquisition by agreement
77. The Authority may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land or any interest in such land, which the Authority are authorised to acquire.
Abandonment of acquisition
78. (1) In any case in which land in any area comprised in an improvement, development or re housing scheme is not required for the execution of the scheme, the owner of the land or any person having an interest therein, may make an application to the Authority, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Authority in that behalf. The Authority may, after consideration of such application, abandon the proceedings for the acquisition of such land and make it over to the applicant on payment by him of a sum fixed by the Authority in this behalf.
 
 
(2) The Government may prescribe the manner of disposal of application and determination of the amount of payment and mode thereof, under sub-section (1).
 
 
 
 
(3) If the Authority enters into any agreement with any owner regarding the partial acquisition of any land which it is authorised to acquire under this Ordinance, such land as is not required for the execution of the scheme may be abandoned from acquisition under sub-section (1).
 
 

Betterment Fee

Payment of betterment fee
79. (1) When by the making of any improvement, development or re housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Authority, be increased in value, the Authority, in framing the scheme, may, in lieu of providing for the acquisition of land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme.
 
 
 
 
(2) Such betterment fee shall be an amount equal to one half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme estimated, as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.
Assessment of betterment fee by Authority
80. (1) When it appears to the Authority that an improvement, development or re housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority shall, by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every owner of such land that the Authority propose to assess the amount of the betterment fee payable in respect of such land under section 79.
 
 
 
 
(2) The Authority shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard.
 
 
(3) Any person aggrieved by the assessment made by the Authority under sub section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision shall be final.
Authority to give notice to persons liable to payment of betterment fee
81. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 80, the Authority shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made; and an interest at the rate of five per cent per annum upon any amount outstanding shall be payable from that date.
Agreement to make payment of betterment fee a charge on land
82. Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Authority, execute an agreement with the Authority to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of five per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 81.
 
 

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