BANGLADESH Vs. NAWAB ABDUL MALIK JUTE MILLS LTD.

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 7-9-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 939 of 1997 making the Rule absolute.

(2.) Short facts are that the writ petitioner filed the above mentioned writ petition for release of 6.42 acres of land from plot Nos. 178, 205, 206, 224, 247, 221, 220, 214, 199, 183, 204, 219, 213, 211, 212, 217, 218, 246, 226, 215 and 216 of Mouza Kanchpur, P.S. Sonargaon, District- Narayanganj stating, inter alia, that the aforesaid land along with other lands originally belonged to writ petitioner and those were acquired in LA Case No. 32 of 1968 and 55 of 1968-69 by the Government for public purpose namely, construction of Kanchpur bridge. The construction of bridge along with approach road was completed in 1968 but a vast area of acquired land remained unutilised by the requiring body. Since acquisition as it remained unused by the Government, the same should be de-requisitioned and returned to the original owners since policy decision was taken by the Government in 1984 and in the meantime in so many LA cases unused lands had already been de-requisitioned and returned to the original owners. The writ petitioner Jute Mills was previously nationalised and then disinvested in 1979 but due to shortage of space the present management failed to take up positive steps for expansion of the mill and for that matter several representations were made for de-requisition of land of the aforesaid plots and when the property was not released the writ petitioner was constrained to file the writ petition.

(3.) The appellant No. 6 contested the Rule by filing affidavit-in-opposition. It was the case of the appellant No. 6 that the property was duly acquired and compensation as per rule was paid and there is no provision for release of such acquired land even if remained unutilised. The Roads and Highways Department requires the land for expansion of bridge approach road to meet increased pressure of traffic.