GOVERNMENT OF BANGLADESH Vs. JAHANGIR ALAM

JUDGEMENT

(1.) These two appeals by leave are directed against the common judgment and order dated 29.08.2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 8254 of 2002 and 4344 of 2003 making both the Rules absolute.

(2.) The appeals involve in all 76 respondents. These respondent as writ-petitioners filed the aforesaid two writ petitions by way of certiorari on the averments set out herein below and obtained two separate rules in same terms calling upon the writ-respondents, now appellants, namely the Government of Bangladesh in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Protection Services Project (SPPS Project), Phase-II and the impugned orders vide letters dated 30.11.2002, 30.12.2002 and 31.12.2002, Annexures-P, Q and R in Writ Petition No. 8254 of 2002 and Annexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect.

(3.) The Department of Agricultural Extension, Ministry of Agriculture, embarked on the aforesaid SPPS Project to attain self-sufficiency in food on a sustainable basis by assisting the poor and small farmers to increase their production by ensuring measures against crop losses from diseases and pest infestation without affecting the environment. The project was approved by the Executive Committee of the National Economic Council (ECNEC) on 29.1.1992 and the Project Pro-forma was thereafter made and approved by the Government on 24.9.1992. This Project comprised of five sections: (a) Integrated Pest Management (IPM), (b) Surveillance, Forecasting and Early Warning, (C) Plaint Quarantine (d) Pesticide Administration and Quality Control and (e) Vertebrate Pest Management.