ABUL HOSSAIN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This Rule Nisi was issued calling upon the respondents to show cause to why the inclusion of Holding No. 16/14 Block-C Mohammadpur, Dhaka in the list of Abandoned Buildings in serial No. 37 at page 9764(16) in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect.

(2.) Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That since taking lease the petitioner has been possessing the holding uninterruptedly and started living there after constructing building on the same by obtaining loan from the House Building Finance Corporation. The petitioner has mutated his name in the records of rights and has been paying rents and municipal taxes, etc. regularly. That the petitioner was Government Service holder and served as Ward Master of Rajarbag Police Hospital, Dhaka since 1956 continuously till his retirement on 14- 01.92. That there is no reason to include the building of the petitioner as abandoned property. The inclusion of the building of the petitioner in the list of abandoned building is without lawful authority as the said building is not an abandoned property as defined in Presidents Order 16 of 1972.

(3.) The petitioner has further submitted that he was completely unaware of the fact of inclusion of his building in the list of abandoned buildings. That on 24-01-93 only a man from Ministry of Works came to the house of the petitioner and informed him for the first time that his building in question had been included in the list of abandoned buildings published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 in the official Gazette dated 23rd, September, 1986 in serial No. 37 at page No. 9761 (16) (Annexure-1). That now having no other efficacious or alternative remedy the petitioner has filed this writ petition.