“Eminent domain identifies as the power of the state to take property of the private citizen. In all civilized countries, it exercises only for public purposes, on payment of compensation.” Exercise of this power presents in particular statutes of the country. As like England, Parliament of Bangladesh deserves power to pass any law according to the necessity of the society. It only restrains by the public opinion. In Bangladesh, some controversy arises when government wish to take the property (may be movable or immovable) and compensation paid by the government. Causes of this controversy notes as – 1) Different type of statutes exercises for this purposes. If the property considers movable, enforcement of regulation seems different than the property identifies as immovable.

2) Different authorities like Cantonment Board, Deputy Commissioner, Development authorities, Local Government authorizes to practice the laws imposed on them in this regard.

3) Payment procedure of compensation is not maintained according to the published regulations. In context of compensation, time considers as main factor. But, government always maintain an unnecessary delaying on the payment of compensation. Therefore, the owner raises question of challenge to the Court.

According to a court case, “there is no particular period within which a requisitioned land to be acquired after notice for acquisition served. Yet when the value of the land increases and that of money decreases (by the year of 1968) the compensation paid now on the valuation of the year 1962 would cause substantial injury to the landowner. There should some proximity between the date of notice for acquisition and that of actual acquisition” (Abdul Gafur Khan Vs. Government of Bangladesh).