THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 15376 of 2023

IN THE MATTER OF :

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

-And-

IN THE MATTER OF :

Mrs. Nilufar Hossain alias Mrs. Fina Nilufar Shawkat …… Petitioner

-Versus-

The Government of the People`s Republic of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka-1000 and others

…….Respondents Mr. Fida M. Kamal, Senior Advocate with

Mr. Ekramul Haque Tutul, and

Ms. Zibon Nesa Mukta, Advocate

……….for the petitioner Mr. Amit Das Gupta, DAG with

Mr. Md. Zakir Hossain Masud, AAG

Mr. Toufiq Sajawar Partho, AAG and

Mr. Md. Rashedul Islam, AAG

……for the respondent No.1 Mr. Md. Mehedi Hasan Chowdhury, Advocate with Mr. Md. Imam Hasan, Advocate

……for the respondent No.5 Heard on: 04.02.2024 , 07.02.2024 & 13.02.2024 Judgment on :22.02.2024

Present:

Ms. Justice Naima Haider

&

Ms. Justice Kazi Zinat Hoque

Naima Haider, J;

In an application under Article 102 of the Constitution, this Division by order dated 04.12.2023 issued Rule Nisi in the following terms:

Let a Rule Nisi be issued calling upon the respondents to who cause as to why the impugned Notice issued by the respondent No. 04 vide Memo No. 110 L.A. Case No. 03, 15, 08/2023-2024 dated 29.10.2023, under Section 4(1) of the Acquisition and Requisition of the Immovable Property Act, 2017 (Annexure-I) should not be declared to have been issued without lawful authority and is of no legal effect and as to why a direction should not be given upon the respondents to relocate or redesign the Entry-Exit, Fire Exit ventilation Duct point of Notun Bazar Metro Rail Station BMTCL MRT Line-1 at petitioner’s plot No.10, Block-J, Pragati Sarani Road, Baridhara, Dhaka which the respondents are bound by law to do so and/or such other or further order or order pass as to this Court may seem fit and proper.

Interim order was also passed by in the following terms:

Pending hearing of the Rule, the respondent No. 4 is directed to dispose of the application dated 12.11.2023, so far as it relates to the petitioner’s plot No. 10, Block-J, Pragati Sarani Road, Baridhara, Dhaka as evident from Annexure-J within 15(fifteen) days from the date of receipt of a copy of this order, in accordance with law.

Against the order dated 04.12.2023 passed by this Division, appeal being Civil Petition for Leave to Appeal No. 80 of 2024 was preferred. The Hon’ble Appellate Division passed an order directing this Division to dispose of the Rule within a specified time. The order passed by the Hon’ble Appellate Division is quoted below:

“It is desirable that the Rule issuing Bench of the High Court Division shall dispose of the Rule expeditiously preferably within a period of 21(twenty one) days from date.”

In view of the aforesaid order passed by the Hon’ble Appellate

Division, the Rule is taken up for hearing on a priority basis.

The dispute between the contending parties relate to the legality of acquisition of petitioner’s property. Simply put, the petitioner’s contention is that the acquisition was not in accordance with law and therefore, the allegedly acquired property cannot be used by the respondents. The respondents on