GOVERNMENT OF BANGLADESH Vs. EASTERN INDUSTRIES (BD) LTD.

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 5.3.2006 passed by a Division Bench of the High Court Division in Writ Petition No.1114 of 1998 making the rule absolute.

(2.) The short fact leading to the filing of the writ petition is that the writ petitioner company, a bonafide business concern doing business for over 50 years, was granted lease of Plot Nos. 118-121, Tejgaon Industrial Area, Dhaka for a period of 99 years by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory building and workers quarters and started manufacturing enamel and aluminum goods within a record time of nine months. Though the property was declared abandoned in May, 1973 and placed under the Board of Management of Abandoned Industries, on the application of the Directors of the writ petitioner company and as per judgment of this court in Company Matter No.12 of 1977 the Board of Management of Abandoned Industries restored the possession of the land and factory to the writ petitioner. Subsequently the writ respondents on several occasions issued notices upon the writ petitioner on different trivial and baseless grounds threatening cancellation of lease agreement but the said notices were duly replied to avoid further harassment. On 19.6.1993 the writ petitioner received a. notice canceling allotment of the said plots, against which the writ petitioner filed Writ Petition No. 1210 of 1993 before the High Court Division. In its judgment this court declared the unilateral letter of cancellation of lease and subsequent forceful eviction of the writ petitioner to be without lawful authority and was of no legal effect. Against the said judgment and order of the High Court Division the writ respondents preferred Civil Petition for Leave to Appeal No.363 of 1994 before the Appellate Division but the said petition was dismissed and the writ respondents, thereafter, restored possession of the factory and property to the writ petitioner in August, 1994. Thereafter, on 23.11.1997 the writ respondents sent another show cause notice dated 18.11.1997 alleging breach of terms and conditions of the agreement but without specifying what terms were violated and asked the writ petitioner to show cause within 7(seven) days as to why the allotment/lease should not be cancelled. The writ petitioner duly replied to the notice. Later the writ petitioner company received the impugned order by Special messenger and subsequently a copy thereof by registered post being Memo No. Sha-6/1-L-9/98-177 dated 16.4.1998 under the signature of the writ respondent No. 3 canceling the allotment of the aforesaid plots as well as the lease deed being lease deed No.5401 dated 5.5.1996. Hence the petitioner company filed Writ Petition No. 1114 of 1998 in the High Court Division. The High Court Division made the rule absolute. Being dissatisfied the petitioner field this civil petition for leave to appeal.

(3.) The writ respondent No. 4, the Executive Engineer, Division No. 3, Housing and Public Works Department contested this rule by filing affidavit-in-opposition denying the material allegations made in the writ petition stating, inter alia, that the writ petitioner was allotted 12 bighas of land comprising Plot Nos. 118, 119, 120 and 121 within Tejgaon area for construction of Industrial factories and producing goods. After being allotted the said plots the writ petitioner kept the same vacant and unused for a long time in violation of the terms and conditions of the lease agreement and the policy of the government. The writ petitioner has not set up any factory on the allotted land as per terms and conditions stated in the lease deed and since the writ petitioner failed to operate any factory on the land and kept the same unused the allotment was cancelled.