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03/07/2022
Laws of Bangladesh

The Acquisition and Requisition of Immovable Property Ordinance, 1982

( Ordinance NO. II OF 1982 )

Matters to be considered in determining compensation
8. (1) In determining the amount of compensation to be awarded for any property to be acquired under this Part, the Deputy Commissioner shall take into consideration-
 
 
 
 
(a) the market value of the property at the date of publication of the notice under section 3:
 
 
 
 
Provided that in determining such market value, the Deputy Commissioner shall take into account the average value, to be calculated in the prescribed manner, of the properties of similar description and with similar advantages in the vicinity during the twelve months preceding the date of publication of the notice under section 3;
 
 
 
 
(b) the damage that may be sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the property at the time of taking possession thereof by the Deputy Commissioner;
 
 
 
 
(c) the damage that may be sustained by the person interested, at the time of taking possession of the property by the Deputy Commissioner, by reason of severing such property from his other property;
 
 
 
 
(d) the damage that may be sustained by the person interested, at the time of taking possession of the property by the Deputy Commissioner, by reason of the acquisition injuriously affecting his other properties, movable or immovable, in any other manner, or his earnings;
 
 
 
 
(e) if in consequence of the acquisition of the property, the person interested is likely to be compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; and
 
 
 
 
(f) the damage that may be resulting from diminution of the profits of the property between the date of service of notice under section 6 and the date of taking possession of the property by the Deputy Commissioner.
 
 
 
 
(2) In addition to the market value of the property as provided in sub-section (1), the Deputy Commissioner shall, in every case award a sum of 1[fifty per centum] on such market value in consideration of the compulsory nature of the acquisition.

  • 1
    The words “fifty per centum” were substituted for the words “twenty per centum” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1993 (Act No. XXV of 1993)
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