Background and Purpose of Promulgating TI Act, 1953 for Dhaka City
The Town Improvement Act, 1953 is also introduced as East Bengal Act XIII of 1953. In this Act, the Kartripakkha may enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Act.
Whereas it is expedient- to make provision for the development, improvement and expansion of the Dhaka City (capital), Narayanganj and Tongi Municipalities and certain areas in their vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing. that a Kartripakkha should be constituted and invested with special powers for carrying out the objects aforesaid. The Government shall exercise general control and supervision over the Kartripakkha as well as its Chairman and other members and may give direction to them for ensuring that their activities conform to the purpose of the Act. The Kartripakkha, the Chairman and the other members shall exercise their powers and perform their functions in accordance with such direction.
Betterment Fee and its Taxation/Assessment According to Sub-Section (1) and (2) under Section 94 of TI Act, 1953- (1) When by the making of any improvement scheme or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution will be increased in value in the opinion of the Kartripakkha. In framing the scheme the Kartripakkha may instead of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest 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. It shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme 2
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.
According to Sub-Section (1), (2) and (3) under Section 95 of TI Act, 1953- (1) When it appears to the Kartripakkha that an improvement scheme or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Kartripakkha 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 give notice in writing to every person on whom a notice in respect of the land to be assessed has been served. (2) The Kartripakkha 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 Kartripakkha appeal to the Government whose decision shall be final within thirty days from the date of such assessment.
Conditions to consider of taking an Improvement Scheme/ Re-housing Scheme According to Section 38 of TI Act, 1953- The Kartripakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme whenever it appears- a) that any buildings in any area which are used as dwelling places, are unfit for human habitation b) that danger to the health of the inhabitants of buildings in any area, or in the neighboring buildings, is caused by the narrowness. closeness and bad arrangement and condition of streets or buildings in such area the want of light, air, ventilation or proper conveniences in such area any other sanitary defects in such area c) that for the purpose of providing building sites developing and improving any area 3
remedying defective ventilation creating new, or improving existing, means of communication and facilities for traffic affording better facilities for conservancy d) that it is necessary to provide in any area, parks, open spaces, playgrounds or similar amenities e) that it is expedient and for the public advantage to provide housing accommodation buildings for public use and convenience an adequate water-supply a drainage, and sewerage scheme
According to Section 39 of TI Act, 1953- When framing an improvement scheme in respect of any area, regard shall be had to- a) the nature and conditions of neighboring areas, and of the Dhaka City a whole; b) the several directions in which the expansion of the Dhaka City appears likely to take place c) the likelihood of improvement schemes being required for other parts of the Dhaka City
Provisions of Preparing Master Plan and Publication According to Sub-Section (1), (2), (3), (4) and (5) under Section 73 of TI Act, 1953- (1) As soon as possible, the Kartripakkha shall prepare a Master Plan for the area within its jurisdiction indicating which land should be used (development or otherwise) and the stages which development should be carried out. (2) The Master Plan shall include such maps and such descriptive matter which illustrate the proposals aforesaid with different parts of the area. Any such plan may particularly define the sites of proposed roads, public and other buildings and works, fields, parks, pleasure- grounds and other open spaces or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the Master Plan. (3) The Government shall publish the same in the Official Gazette within one month from the receipt of the Master Plan from the Kartripakkha. 4
(4) Any person shall file objection with the Government for objecting to the plan within sixty days from the date of the publication of the plan. (5) After considering the objections, the Government shall approve the Master Plan within four months from the date of publication either with or without modification.
According to Sub-Section (1), (2), (3) and (4) under Section 74 of TI Act, 1953- (1) When the Government approves the Master Plan, it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the Master Plan has been duly made and approved. Thereafter it shall be unlawful for any person to use any land for any purposes other than that laid down in the Master Plan, unless he has been permitted to do so under section 75. (2) The Kartripakkha may amend or alter any specific provision of the Master Plan with the approval of the Government from time to time and the Government may at any time too. Any such amendment or alteration shall be published in the Official Gazette. (3) All future developments and construction, both public and private, shall be in conformity with the Master Plan or with the amendment thereof. (4) The Master Plan or an amendment thereof shall neither before nor after it has been approved, be questioned in any legal proceedings whatsoever and shall become operative on the day it is approved by the Government and published in the Official Gazette.
Provisions of Land Use Permission According to Sub-Section (1), (2) and (3) under Section 75 of TI Act, 1953- (1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved, then he may apply in writing to the Chairman for permission so to do. (2) If the Chairman refuses permission to any person, that person may appeal to the Kartripakkha against such refusal within sixty days of the Chairman's refusal. (3) The decision of the Kartripakkha on any appeal under sub-section (2) shall be final.
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Power of Compulsory Acquisition According to Sub-Section (1) and (2) under Section 79 of TI Act, 1953- (1) The Kartripakkha may acquire any land or interest in land by purchase, lease, exchange or otherwise and dispose of that land by sale, lease, exchange or otherwise for carrying out the purposes of this Act. (2) The acquisition of any land or interest in land for the Kartripakkha or for any scheme shall be deemed to be an acquisition for a public purpose and all the proceedings will be followed by Acquisition and Requisition of Immovable Property Ordinance, 1982.
______________________________________ Reference: Town Improvement Act, 1953
Olaf Peter Juda v. Dennis Michael Nerney, Assistant U.S. Attorney, Northern District of California Stephen R. Kotz, Assistant U.S. Attorney, Albuquerque, New Mexico John J. Kelly, U.S. Attorney, Albuquerque, New Mexico Michael Yamaguchi, U.S. Attorney, San Francisco, California Robert L. Holler, District Director, U.S. Customs Service, El Paso, Texas Leonard S. Walton, Acting Assistant Commissioner, U.S. Customs Service, Washington, D.C. Bonnie L. Gay, Foia Unit, Attorney-In-Charge, Washington, D.C. John and Jane Does 1-25 United States of America, Olaf Peter Juda v. United States Customs Service, Robert L. Holler, Joy M. Hughan, Daniel Luar, Rita Alfaro, Dolores Payan, Gina E. Fuentes, Internal Revenue Service, George Terpack, Carolyn Leonard, Timothy A. Towns, John Does, Jane Does, 149 F.3d 1190, 10th Cir. (1998)