GOVERNMENT OF BANGLADESH Vs. AL-HAJ SANAULLAH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 14.01.2002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute.

(2.) Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot Nos. 825, 819, 327 and 949 of C.S. Khatian No. 22, both of Mouza Faidabad and area of 0.54 acre of C.S. Plot Nos. 1287 and 1292 of C.S. Khatian No. 628 of Mouza Bownia under Police Station-Uttara, District-Dhaka which was requisitioned in Special L.A. Case No.8 of 1964-1965 along with other lands purportedly under section 93A of the Town Improvement Act, 1953 for utilization in the scheme of Uttara Model Town for the benefit of respondent No.6. Subsequently another notice purportedly under section 93A (a) of the Act was issued for acquisition of the said land of the petitioner for the aforesaid purpose but the notice was not served upon the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially which he received on protest, on gazette notification was made by the Government and hence no final award was made and as such full compensation money was not paid to the writ petitioner.

(3.) The respondent No.5 entered appearance by filing an affidavit-in-opposition denying the material allegations made in the writ petition. The case of the respondent is that the land in question along with other lands were requisitioned under Special L.A. Case No.8 of 1964-1965 for the development of Uttara Model Town under section 93A of the Town Improvement Act,1953 and the land absolutely vested in the Government under section 79 of the Town Improvement Act,1953. Accordingly, compensation money was paid to the Respondent No. 3 for disbursement among the affected owners of the land. Inspite of the fact that no gazette notification was made vesting right, title in the said land on Rajuk, it may use or deal with the said property as may appear to it to be expedient.