IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 12381 of 2023

With

Writ Petition No. 12382 of 2023

And

Writ Petition No. 11943 of 2023

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

IN THE MATTER OF:

Md. Kamal Hossain and others

..…..…Petitioners

(in W.P. No. 12381/2023) Md. Mahbub Hossain and others

..…..…Petitioners

(in W.P. No. 12382/2023) Md. Baker Hossain and others

..…..…Petitioners

(in W.P. No. 11943/2023) -Versus-

The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and co-operatives, Bangladesh Secretariat, Dhaka and others.

....Respondents (In all writ petition).

Mr. Zainul Abedin Senior, Advocate with

Mr. Md. Abdur Rahman Howlader, Advocate with

Mr. Md. Iqbal Hossain, Advocate ..…For the petitioners

(In all writ petition).

Mr. S.M.Iftekhar Uddin Mahamud, DAG with Mr. Mohammad Zeeshan Hyder, DAG

…..for the respondents

Present

Mr. Justice Ashish Ranjan Das

And

Mr. Justice Fahmida Quader

Heard And Judgment On : 03.09.2024

Ashish Ranjan Das, J :

As identical question of facts and law are involved in these writ

petitions, thus these Rules have been taken up together for hearing and going to be disposed of by this single judgment.

In Writ Petition No. 12381 of 2023, the Rule Nisi was issued on 12.10.2023, in following terms:

“Let a R

ule Nisi be issued calling upon the respondents to show cause as to why the Memo No. 46.207.000.13.02.3859.2023 dated 20.09.2023 (Annexure-F) so far as it relates to the petitioners should not be declared to have made without lawful authority and is of no legal effect and as to why the respondents should not be directed to allot the respective shops in favour of the petitioners by receiving all the rents and taxes as may be assessed by the respondents and/or pass such other or further order or orders as to this Court may seem fit and proper.

Terms of the other 2 similar Writ Petitions are not quoted-

Facts, relevant for disposal of these Rules, are that, in the year 1983, the then original owner namely Bangladesh Road Transport Corporation handed over their entire possession of the land in favour of the then Dhaka Municipal Corporation, now the Dhaka South City Corporation by their letter dated 08.01.1985 and after receiving possession of lands, the then authority of City Corporation decided to construct multi-storied Super Market upon the said lands and constructed the same which is popularly known as "Fulbaria Super Market-2, Block-A, Fulbaria, Dhaka, Fulbaria Super Market-2, Nagor Plaza Block-B, Fulbaria, Dhaka, and Fulbaria Super Market-2, Block-C, Fulbaria, Dhaka.” That during construction, the authority of Dhaka City Corporation has decided to allocate vacant space of shops/spaces in the basement of said Super Market with the cost of respective allottees and accordingly the allotees have constructed their respective shops by investing their own money in said basement area at the rate of per square fit with the rule of City Corporation. That during construction, the authority of City Corporation raised objection regarding sub standard quality of construction materials by issuing their letter dated 16.04.1997 and then the dispute was dissolved amongst them and the entire construction was done with the standard materials instructed by City Corporation by apologies of the allotees vide Memo No. 396/2/Pro: Bi:, Bazar Circle dated 20.05.1997. After completion of construction of shops, the office of the then Dhaka City Corporation prepared a list of 176 numbers of allotees to permit and to continue their respective business in said basement area by issuing their allotment letter dated 14.10.1997 and Memo No. 46.207.000.13.02.3859.2023 dated 20.90.2023 a list of 176 numbers