LAWS(BANG)-2008-8-5

MOLLA INDUSTRIAL ESTATE Vs. KHAWJA MOHAMMAD ARIFULLAH

Decided On August 08, 2008
Molla Industrial Estate Appellant
V/S
Khawja Mohammad Arifullah Respondents

JUDGEMENT

(1.) These four appeals by leave are directed against the common judgment and order dated 09.08.1999 passed by a Division Bench of the High Court Division in Writ Petition Nos.5392 of 1996 and 576 of 1998 making both the rules absolute.

(2.) The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of property of the writ petitioners of Mouza Ozar Bhanga, J.L.No.165, Police Station-Daudkandi, Comilla comprising 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the said proceeding.

(3.) The Common case of the writ petitioners is that the Government has already acquired their other lands for the construction of Dhaka-Chittagong High Way and they are only left with the case land in the which they wanted to develop for the purpose of setting up of their own industry. If the case land is acquired they will be thrown out on to the street. The writ respondent No.5, M/s. Molla Industrial Estate, on the other hand has 3.49 acres of land in the vicinity of the case land on the other side of Dhaka-Chittagong High Way. Despite this the writ-respondent No.5 without setting up its aforesaid industry on its own land managed the case land to be acquired for setting up its industry by influencing the local administration. Although the case land is shown in paper to have been acquired by the Government and possession handed over to writ-respondent No.5 as the requiring body but in fact the writ petitioners are still in possession of the case land and the same are not taken over and utilised by the writ-respondent No.5. It is also stated that the acquisition of the case land is malafide as the same is caused to have been acquisitioned by the Government for the purpose of setting up of the industry of the writ-respondent No.5 although writ respondent has its own land across the Dhaka-Chittagong High Way within the vicinity of the case land.