GOVERNMENT OF BANGLADESH Vs. KOPIL DAS

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment dated December 4, 2005 of a Division Bench of the High Court Division in Writ Petition No.11 78 of 2005 making the Rule absolute and thereupon directing the writ-Respondent No.3, Deputy Commissioner, Sylhet to implement the order dated May 5, 2003 of the Ministry of Land in dated 5.5.2003 which is Annexure-D to the writ petition, to de-requisition the house in question in the light of the provision of Section 8(1) of the Emergency Requisition of Property Act, 1948. The High Court Division directed the aforesaid Respondent to take the appropriate action in the light of the Annexure-D to the writ petition within 2 months from the date of receipt of the judgment of the High Court Division.

(2.) The writ petition was filed seeking direction on the writ-Respondent No.3 to implement the direction of the Ministry of Land relating to de-requisition of the house in question.

(3.) Facts in short are that a tin-shed semi pucca house consisting of 3 (three) rooms on an area of 0.06 acre of land within the Sylhet Municipality belonged to Kiron Behari Das, son of Krishna Bihari Das and while he was in possession, the said property was requisitioned, that Kiron Behari Das's predecessor Krishna Behari Das dedicated the property in question in favour of family deity and that while Kiron Behari Das was residing in the house in question the said house with the adjuncts thereto was requisitioned under the provision of Emergency Requisition of Property Act, 1948 on February 13,1949 upon initiating Requisition Case No. RC-211B/1948-49for the purpose of residential accommodation of the stuffs of the Sylhet Collectorate, that Kiron Behari Das delivered possession of the house to the Respondent No.3 on 13.2.1949, that stuffs of the Sylhet Collectorate stayed in the house up to 1990 and thereafter since the house became unsafe and unfit for habitation the stuffs of the Sylhet Collectorate were not staying in the house in question, that at one time the part of the house was leased out at a rent of Tk.200/- to Nazrul Academy, a non-government cultural organization and that one room of the house in question was leased out at a rent of Tk. 100/- to "Mustofa manob kollan kutub mahal library on September 1, 2002. The writ-petitioner claiming to be the successor-in-interest of Kiron Behari Das filed an application to the Ministry of Land with .the prayer for de-requisition of the house in question. The Ministry of Land sent the said petition to the District Magistrate calling for a report as regard the subject matter of the application of the writ petitioner and another and thereupon the District Magistrate submitted report stating the detail facts and recommended for releasing the house to the writ-petitioner and another being the successive heirs of Kiron Behari Das. On receipt of the report from the Deputy Commissioner, the Ministry of Land by the Memo, dated 5.5.2003 directed the Deputy Commissioner for derequisition of the house in question as per provision of section 8(1) of the Emergency Requisition of Property Act, 1948.