RAJDHANI UNNAYAN KARTIPAKKYA (RAJUK) Vs. JAHAN ARA BEGUM

JUDGEMENT

(1.) These Appeals, by leave, are directed against the judgment and order dated June 27, 2001 of a Division Bench of the High Court Division in Writ Petition Nos. 3408, 5120, 4862, 3415, 3413, 3412, 3411, 3410, 2749, 2751, 3409, 3414 and 2748 of 1996 and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996.

(2.) Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajdhani Unnayan Kartipakky (RAJUK) published in the 'Daily Ittafaq' on September 7, 1994 inviting application from the persons who were affected because of the acquisition of their land by the L.A. Case Nos. 138 of 1961-62, 91 of 1957-58 and 26 of 1959-60. The writ petitions as mentioned in the second bunch were filed impugning the notice issued by the Magistrate of the RAJUK, Dhaka, asking the persons to vacate the land in unauthorized occupation and to remove the structures thereon by the 24th August, 1996.

(3.) Facts in all the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was paid but later on Government decided to de-requisition their land along with the land of others and thereupon they were served with the notice to return the compensation money received earlier by them and accordingly they refunded the compensation money to the Deputy Commissioner but in spite of that the deputy commissioner did not complete the process of de-requisition. It was the case of the writ petitioners that they are in possession of the land and that they have exclusive right, title, interest and possession in the land in suit.