GOVERNMENT OF BANGLADESH Vs. DHAKA STEEL WORKS LTD.

JUDGEMENT

(1.) I have gone through the Judgment proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned property, whether its subsequent placement under the Corporation as an industrial enterprise is valid under the Nationalisation of Industrial Enterprises Order, 1972.

(2.) Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals--Civil Appeal Nos. 31 and 40 of 1991-have arisen from Writ Petition No. 365 of 1987 which has been disposed of by the impugned Judgment of the High Court Division dated 5 March 1991.

(3.) Respondent No. 1 is a Company named and styled M/s Dhaka Steel Works Ltd. and respondent Nos. 2-4 are its Directors. This Company, along with its assets and properties, will be referred to, in this Judgment as "the industrial enterprise" or the Respondents' enterprise. Government of Bangladesh, (Appellant in CA No. 31 of 1991) by a notification dated 7 March 1972, (Annexure-A) took over the control and management of this enterprise, as they say , under the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No. 1 of 1972, briefly APO 1 of 1972). Ground for such taking over was that the owners or managers of the enterprise were not available to control and manage it. Respondents made representation to the Government saying that the property was not an abandoned property and as such its taking over was illegal and prayed for its release, but the Government did not accept this contention. On and from 26 March 1972 the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972-PO No. 27 of 1972 came into force providing, among other things, for nationalisation of certain industrial enterprises and for establishment of Corporation for the purpose of control, supervision and co-ordination of such enterprises. In pursuance of Article 10(l) (d) of this Order the Government issued another notification dated 17 May 1972 (Annexure-H) placing this enterprise under the Bangladesh Steel and Engineering Corporation, better known as the Steel Mills Corporation. This Corporation is the appellant in Civil Appeal No. 40 of 1991. Respondents continued to make representations to the Government, one after another, for releasing the enterprise making the same contention that it was not an abandoned property but the Government this time replied that since this industrial enterprise was placed under the Corporation under PO No. 27 of 1972 it already vested in the Government and that this vesting could not be questioned in any court of law. Government, however, indicated that the enterprise might be disinvested or transferred to the respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision to release the enterprise but did not proceed further. Thereupon the respondents filed the writ petition which was allowed giving them a number of relieves, such as the taking over of the enterprise as an abandoned property and the Governments refusal to implement its earlier decision or order dated 28 January 1976 for releasing the property, were declared invalid and that Government was directed to release the property within three months from the date of the order.