GOVERNMENT OF BANGLADESH Vs. DHAKA MEMON ANJUMAN

JUDGEMENT

(1.) This petition for Leave to Appeal is directed against the judgment and order dated 27.04.2006 passed by the High Court Division in Writ Petition No. 8891 of 2005 making the Rule absolute releasing the house bearing Holding No. 6 and 6A, Anada Chandra Roy Road on S.A. Plot No. 2858 of mouza Dhaka, present mouza namely Lalbagh, 12177, 12178 and 12179, D.P. Khatian (Field Parcha) No. 3757 D.P. and D.P. Dag No. 12831, 12832, 12833, 12834, 12835, 12836 and 12837 under P.S. Kotwali, present P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 days from the date of receipt of the copy of the judgment.

(2.) The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed and others who became owners of the case property through a registered exchange deed dated 06.04.1962 from Chinmoyee Debi and Shanty Bhusan Banarjee. The Additional Deputy Commissioner (Revenue) gave permission for the said exchange deed vide Misc. Case No. 58 of 1961-62, the photocopy of both the deeds have been marked as Annexure-A and A1. Both the C. S. and S. A. Khatians in respect of the case property were duly prepared recording in the name of Chinmoyee Debi and Shanti Bhusan Banarjee and after purchase of the case land it was duly prepared and recorded in the name of writ-petitioner in R.S. Khatian. The writ-petitioner on the request of high-ranking police officers allowed for setting up of a temporary police camp in some portion of the house in 1987 in order to maintain peace in the locality. But unfortunately and without any lawful and valid authority the police personnel started living therein and occupied the house without any agreement with the writ-petitioner. Thereafter, the President and Secretary of the Dhaka Memon Anjuman executed a general power of attorney on 20.04.2004 appointing Khawaja Mohammad Akbar to do all acts on behalf of the writ-petitioner which is marked as Annexure-E to the writ-petition. The said attorney by a prayer in writing dated 22.02.2003 requested the Secretary, Ministry of Home Affairs and Inspector General of Police for restoration of vacant possession of the house by removing police personnel living therein. Consequently, upon the said prayer, the Deputy Commissioner of Police, Dhaka (South) directed the officer-in-charge, Police Station Kotwali, DMP, to make an enquiry into the matter and after due enquiry he submitted detailed report on 12.06.2004 stating that the writ-petitioner is the owner and possessor of the case property but several police personnel are staying therein without authority, therefore, steps should be taken for their, eviction and restoration of possession in favour of the writ-petitioner. That the building of the writ-petitioner is very old and likely to collapse at any moment, moreover, at present there is no justification for their stay in that house. Inspire. of such report the police authority did not take step for eviction of those illegal occupants. Ministry of Home Affairs, consequently through one Deputy Police Commissioner made another enquiry into the matter and submitted a report stating that illegal occupant police personnel should be evicted therefrom and its vacant possession to be handed over to the writ-petitioner which are marked as Annexure-F and Fl to the writ-petition.

(3.) The writ-petitioners suddenly came to know that some police personnel applied to the Deputy Commissioner (Rev), Dhaka for taking lease of the case property, consequently, writ-respondent No.3, ADC (Rev), started V.P. Case No.6 of 1983 and sent it to the Ministry of Land for its approval. It is remarkable to note that the case property was neither listed in the vested property published by the Government nor it was acquired by the Government at any time which is marked as Annexure-G to the writ-petition. The attorney of the writ-petitioner made a prayer requesting writ-respondent No.1 to release the property from the list of vested property; consequently writ-respondent No.1 obtained legal opinion from the law officer who gave report with a comment that there was no scope to enlist any property a vested property in the year of 1997 by the ADC (Rev), Dhaka. The writ-petitioner again made an application to the Secretary, Ministry of Land to release the property from the list of vested property. On being directed the Deputy Commissioner, Dhaka submitted detailed report on 21.04.2005 to the Ministry of Land which are marked as Annexures-H, H1 and H2 to the writ-petition.