SHAMSU MIAH Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) These 12 appeals by leave have been filed against the common judgment and order dated June 28, 2001 of a Division Bench of the High Court Division Disposing of 12 writ petitions writ petition Nos. 5756, 5757, 5758, 5759, 5795, 5796, 5797, 5799, 5800, 5801, 5802 and 5803 of 2000. The High Court Division discharged the Rules obtained in the respective Writ petitions. The Writ petitions were filed challenging legality of the letter dated November 16, 2000 issued under the signature of Assistant commissioner Housing and Settlement, Ministry of Housing and Public Works, Government of Bangladesh canceling respective writ petitioner's allotment of rehabilitation plot in Mohammadpur Housing Estate.

(2.) Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Government in pursuant to the policy decision to rehabilitate some of such category of people curbed out rehabilitation plots out of the land earlier acquired. There upon allotment of plots were made to the petitioners of the respective writ petitions. These allotters deposited the amount mentioned in the letters of allotment.

(3.) The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the fundamental right guaranteed by article 42 of the constitution.