MD. JAMIRUDDIN BISWAS Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to Appeal is directed against the judgment and order dated 25.04.2006 passed by the High Court Division in writ Petition No. 3515 of 2006 dismissing the petition in limini without issuing Rule Nisi as to why the respondents should not be directed to implement Brahmpur Mouza near Boharampur Bazar to be selected for the construction of newly Dohakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circular of the Government.

(2.) The facts of the case are that the respondent Nos.1-5 are regulated and controlled by the Government under Article 55(6) of the Constitution of the People's Republic of Bangladesh and the petitioner represented as a citizen of Bangladesh as well as public servant under local authority guided under Article 59 of the Constitution. The government approved to construct Dohakul Union Parishad Building and directed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site new Union Parishad Building and others 13 members of the Union Parishad preliminary selected 4 proposed spots namely Checkhuakuti Bari Mouza, Brahampur Mouza near Boharampur, Dohakul Mouza, chhaibari Mouza, near chhaibari Bazar unanimously. The Chairman of the Union Parishad sent the said resolution to the respondent No. 4 on 04.04.2004. One of the interested inhabitants of Baharampur village gave an undertaking of gift away 0.50 acre of property if the place for proposed construction of Dohakul Union Parishad is selected at Brahampur Mouza near Brahampur Bazar on a non-judicial stamp of Tk. 150/- and handed over the said document to the Chairman of Union Parishad in presence of the witnesses on 17.04.2004. The Thana Nirbahi Officer under the written instruction of the Deputy Commissioner on 10.04.2004 and by letter dated 25.5.2004 inspected the proposed spots for selection of site for the construction of new Union Parishad Building and sent an elaborate feasibility report to the Deputy Commissioner on 19.10.2004 along with a forwarding wherein the Thana Nirbahi Officer gave preference of Brahampur Mouza near Bagarpara Bazar among the four proposed selected sites. The T.N.O stated that a local encouraged inhabitant undertook to make over 0.50 acre property near Brahampur Bazar by of gift to set up the proposed Union Parishad with its new permanent building thereon and gave an undertaking on a non-judicial stamp of Tk. 150.00 and handed over the document to the Chairman of the Union Parishad. The place is more suitable and feasible among the others proposed sites around the proposed feasible selected site, there is a Primary School, junior School, a two storied High School, a Madrasa, Hospital, Post Office, Family welfare Centre and an old large hat and Bazar named Bagarpara which has been leased out by the Government to collect tolls. There is also a lot of permanent shop. The buses from Jessore to Narail run adjacent to the proposed selected site of the Union Parishad. The selected and feasible site is just eastern side of linking highway road of the proposed site of Union. The member of the Union Parishad named Md. Mostafizur Rahman and others who wrote an application to the Deputy Commissioner on the said unscheduled selection of proposed construction of new Union Parishad Building was inspected by the T.N.O at Sukhdeb Nagar wherein there is nothing existing except a Primary School around the proposed selected site. The members of the Union Parishad along with others wrote to the respondent No. 1 to reinvestigate for the selection of newly proposed construction of site. They prefer the Brahm Mouza near Bagharapara quoting the recommendation of Thana Nirbahi Officer on 28.03.2006.

(3.) The respondent No. 4 willingly and under the influence of local elite and political parties, suo motu investigated the proposed selection of site for construction of Union Parishad new Building including its own choice site on 20.11.2004 and 02.02.2005. He reported about the selection of site on 28.02.2005 starting that the site is near a bus running road from Jessore to Narail. A local interested person undertook to gift the proposed selected site for the construction of newly Union Parishad Building and gave an undertaking in a non-judicial stamp of Tk. 150/- there is an old large hut and Bazar along with a lot of existing permanent shops. There is a Government Primary school, Post Office, and Family Welfare Centre. The local people demanded to build up the Union Parishad newly Building at the selected site in Sukhdeb Nagar. A few shops were set up recently. Sukhdeb Nagar is the centre place of the whole Dohakul Union Parishad. The respondent No.4 sent the Report to respondent No.1 and others for information. The Assistant Director-in-charge on behalf of the Deputy Commissioner wrote a letter that in accordance with the investigation for selection of site for the newly Union Parishad Building under the inspection report of the respondent No. 4 who took preference the Sukhdeb Nagar site for the newly constructed Union Parishad Building. The Union Parishad was directed to take decision about the selection to site within 7 days by resolution on 18.05.2005 along with Thana Nirbahi Officer and communicated their decisions. The Chairman of the Dohakul Union Parishad sent a letter along with resolution adopted in a special meeting on 30.05.2005 to the respondent No. 4 and others indicating that the members of the Union Parishad selected the site at Brahampur Mouza near Baharampur Bazar instead of Sukhdeb Nagar by majority votes. The Chairman requested the respondent No. 4 to reconsider the selected place by the resolution of Union Parishad. The Chairman of the Dohakul Union Parishad called a general meeting on 05.06.2005 and approved the earlier decision which was taken by a resolution on 29.05.2005 along with members who were disfavoured the decision and sent a letter to the respondent No. 4 on 12.06.2005 under memo No. 2005/75. The decision for selection of newly constructed Union Parishad Building will be at Brahampur Mouza near Boharampur Bazar.