IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 8131 of 2020

In the matter of:

An application under article 102(1),(2)(a)(i)(ii) read with article 44 of the Constitution of the People’s Republic of Bangladesh.

AND

In the matter of:

Shahnaj Parvin and others

………… Petitioners. -Versus-

The Government of Bangladesh, represented by its Secretary, Ministry of Local Government, Rural Development and Cooperatives, Secretariat, Ramna, Dhaka and others,

... Respondents. Mr. Mohammad Rafiul Islam, Advocate,

…For the Petitioners. Mr. Bepul Bagmar, D.A.G,

...For the Respondent No.1. Mr. Mintu Kumar Mondal, Advocate

…..For the respondent No.2.

Judgment on: 12.05.2024

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

MD. KHASRUZZAMAN, J.:

In the application under article 102(1)(2)(a)(i)(ii) read with article 44 of the Constitution, on 07.12.2020 the Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why without acquiring the petitioners’ land as

described in the schedule of the writ petition the construction of bridge by the respondents should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders as to this Court may seem fit and proper.”

At the time of issuance of the Rule Nisi, the respondents were restrained by an order of injunction from constructing any work on the petitioners’ land described in the schedule of the writ petition. However, the respondents were allowed to proceed with the development works if the land is acquired or khas or government land.

Challenging the said interim order of injunction dated 07.12.2020, the respondent No.5 Executive Engineer, LGED, Manikganj filed Civil Petition for Leave to Appeal No. 2424 of 2020 before the Appellate Division. The Appellate Division vide its order dated 11.01.2021 disposed of the civil petition and stayed the interim order of injunction till disposal of the writ petition by the High Court Division.

Thereafter, the writ petitioners filed an application for issuance of a supplementary Rule Nisi stating that since the respondents have already constructed bridge and its approach road upon the lands of the petitioners without paying any compensation, they have filed this application for direction upon the respondents for realization of compensation money. Having considered the submissions and perused the application,this Court by order dated 16.05.2023 issued a supplementary Rule Nisi in the following terms:

“Let a supplementary Rule Nisi be issued calling upon the respondents to show cause as to why they shall not be directed to pay compensation money for the lands of the petitioners as described in the schedule of the writ petition as per the provision of the ¯’vei m¤úwË AwaMÖnb I ûKzg `Lj AvBb, 2017 and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Facts necessary for disposal of the Rule Nisi, in short, are that petitioner No.1 got 30.00 decimals of land under R.S. Khatian Nos. 198,179, 151 and 163 corresponding to R.S. Plot Nos. 355, 353, 357, 308 and 346 by Deed of Gift No. 6289 dated 13.08.2018. Thereafter, she got 5.50 decimals of land under R.S. Khatian No. 26 corresponding to R.S. Plot No.359 by Deed of Gift No.6458 dated 16.08.2018 and lastly, she got 1.50 decimals of land under R.S. Khatian No. 26 corresponding to R.S. Plot No.359 by Deed of Gift No. 6736 dated 04.09.2018. Accordingly, the petitioner No.1 has become an owner of 37.00 decimals of land on the basis of the above three deeds of gift. Petitioner Nos. 2 to 5 are the owners of 19.71 decimals of land under R.S. Khatian No. 222 corresponding to R.S. Plot No.351 by Deed of Gift No.3223 dated 11.04.2018. Peti