IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 6573 of 2013. In the matter of:

An application under article 102 (2) of the Constitution of the People’s Republic of Bangladesh.

-And- In the matter of:

Purba Banga Gurukul Brahmacharya Ashram represented by its Sebayet Shawmi Laxmi Nrayan Kripa Ananda Puri Maharaj.

...... Petitioner

-Versus-

People’s Republic of Bangladesh represented by the Secretary, Ministry of Land and others.

. . . . .Respondents

Mr. M. A. Azim Khair with

Mr. Mahbub Ali,

Mr. Sultanuzzaman and

Mr. Md. Iqbal Hossain, Advocates

. . . For the petitioner.

Mr. Bivash Chandra Biswas with

Mr. J. K. Paul

Mr. Chanchal Kumar Biswas

Mr. Utpal Biswas and

Mr. Liton Acharjeea, Advocates

. . . For the added respondent No. 4.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 24.04.2024, 28.04.2024, 30.04.2024, 09.05.2024 and Judgment on 15.05.2024.

J. B. M. Hassan, J.

The petitioner obtained the Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why they shall not be directed to make payment of compensation money, under LA Case No. 5 of 2010-2011, in

respect of acquisition of land of the petitioner measuring 3.35 acres appertaining to BS Plot No. 202. BS Khatian No. 847, Uttar Pahartali, PS-Doublemooring now kulshi, District- Chittagong and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Relevant facts leading to the issuance of the Rule Nisi are that the petitioner is a public Trust and represented by its Sebayet. The property measuring an area of 3.35 acres appertaining to B.S. Plot No. 202 BS Khatian No. 847 under Mouza Uttar Pahartali, Police Station-Double Mooring, at present Khulshi, District-Chattogram (shortly, schedule property) belongs to the petitioner-Ashram and accordingly latest B.S. Khatian has been published in its name wihtout any protest or objection from any quarter. The aforesaid property was acquired along with other land through LA Case No. 5 of 2010-2011 for the purpose of establishment of the Asian University for Woman (requiring body) but compensation money amounting to Tk. 5,16,07,528/- having not been paid the present writ petition was filed and Rule Nisi was issued.

The respondent No. 2, Deputy Commissioner, Chattogram by filing an affidavit in opposition denied the contents of the writ petition. This respondent contends that regarding the schedule property, Other Class Suit No. 124 of 1997 has been instituted before the learned Joint District Judge, 2nd Court, Chattogram and due to passing an order of status-quo therein, the compensation could not be paid.

During pendency of the Rule Nisi, one Sreemath Swami Shankarananda Tirtha filed an application for addition of party in the Rule Nisi as respondent No. 4. The said application was kept with the record for consideration at the time of hearing of the Rule. Ultimately, the Rule was heard and made absolute by the judgment and order dated 09.08.2015 directing the respondents to make the payment of compensation money in pursuance of the compensation award within 60 days from the date of receipt of the judgment and order.

Against the said judgment Swami Shankarananda Tirtha filed Civil Petition for Leave to Appeal (CPLA) No. 2083 of 2016 alleging that without disposal of his application for addition of party, the Rule Nisi was disposed of in violation of previous order. Ultimately, by the judgment and order dated 27.11.2017 the CPLA was disposed of setting aside the judgment and order of the High Court Division dated 09.08.2015 with cost at Tk. 1,00,000/- (one lac) to be paid to the learned Advocate for the writ petitioner. The Appellate Division also directed the High Court Division t