AMIRUL ISLAM Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for derequisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant.

(2.) Facts are as follows:- An area of 3.80-acrcs of land was requisitioned in 1965 vide L.A. case No. 64 of 1963-64 for the establishment of a Fire Brigade Head Quarter Station at Khulna Town. It is stated that the petitioner challenged the requisition unsuccessfully. Thereafter, he filed an application under section 4A (2) of the Emergency requisition of Property Act, 1948. After hearing the parties respondent No. 2, gave a, direction to drop .44 decimals of land by his order dated 26.1.1985, wherein it was noticed respondent No. 6 failed to furnish administrative approval as required by the authority and moreover the station head already been constructed.

(3.) The petitioner then approached respondent No.3 for giving back their land. Suddenly the petitioner received a notice dated 9.1.1986 informing therein that the order dated 20.2.1985 was modified in respect of .44 acres of land and the same land would continue to remain under requisition.