ALI JAN KHAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiffs petitioners is barred by law and the learned Munsif correctly rejected the plaint under Order 7, rule 11 of the Code of Civil Procedure.

(2.) Facts, in brief, are as follows: Plaintiffs instituted a suit being Other Suit No.48 of 1983 in the Court of 1st Munsif at Sadar, Chittagong on 15.2.83 for a declaration that that acquisition of land in L.A Case No. 2/82-83 is illegal, arbitrary, void and without jurisdiction and also for permanent injunction against the defendants Government of Bangladesh and others. The plaintiffs alleged that the purpose for acquisition of land for extension of Hazrat Amanat Shah Dargah Sharif land is not a public purpose and the land has been requisitioned for private purpose at the behest of Mutwalli on the plea of facilitating free access of the visitors to the holy Dargah Sharif; that the requisition proceeding in the name of Chittagong Municipality Corporation as requiring body is a mere device for conferring benefits on private individual. It is mentioned that the total quantity of land in L.A. Case No. 2 of 1982-83 is 0.139 acres of which, 0.144 acres belonged to the plaintiff.

(3.) The trial court after hearing parties came to the conclusion, that the requisition had been made for public purpose within the" meaning of Emergency (Land and Building) Requisition Ordinance being Ordinance No.11 of 1982 and it was concluded that such suits are barred by section 44 of the Ordinance and accordingly it rejected the plaint under Order 7, rule 11 C.P.C.