BANGLADESH RAILWAY Vs. PRANAB KUMUR CHAKRABORTY

JUDGEMENT

(1.) This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in First Appeal No. 53 of 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit.

(2.) The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12-12-79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railway at village Jinardi for the purpose of setting up an industry there. The Ministry forwarded the application to the Bangladesh Railway Board for necessary action. The Government informed the Secretary of the Unnayan Parishad to get in touch with the Railway authorities and to supply them all necessary papers for the purpose of getting lease of the land. Accordingly all necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief Estate Officer of the Bangladesh Railway that the bonafides of Jinardi Union Unnayan Parishad was established by an inquiry. Thereafter on 9-1-81 the Chief Estate Officer in his letter to the Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through separate bank drafts. This was followed by delivery of possession by the Railway authorities to the plaintiffs who raised a portion of the said land with earth and erected CI tin-shed thereon for the purpose of setting up an industry, On the prayer of the plaintiffs the Government in the Ministry of Textiles under Memo dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parishad faced difficulties in implementing the project. The plaintiffs sent several reminders to the defendants for getting a deed of lease executed and registered by them but to no avail. Hence the suit.

(3.) The appellant contested the suit by filing a written statement in which it was stated, inter alia, that the application of the plaintiffs to the Secretary, Ministry of Railways was forwarded to the Secretary. Railway Board to let the Government know the position in the matter and further to take necessary action. The matter was inquired into by officers of the Railway at lower level on whose recommendation, the Chairman of the Railway Board agreed to the proposal of the plaintiffs to settle the suit land on lease but subsequently it was detected that transfer of Government land to a private party was not legal and regular and in direct violation of the rules of the Government Land Acquisition Manual as well as section 17 of the Acquisition and Requisition of Immoveable Property Ordinance, 1982. In the circumstances the Railway Administration could not take any further steps to finalise the matter about the transfer of the suit land to the plaintiffs.