IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 4959 of 2022

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. Lehaz Uddin and others

………… Petitioners.

-Versus-

Government of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna, Dhaka and others,

. …….. Respondents.

Mr. Md. Nurul Amin, Advocate with

Mr. S.M. Tariqul Islam, Advocate

……For the petitioners. Mr. Md. Imam Hasan, Advocate

……For respondent No.5.

Judgment on: 17.01.2024

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J:

In the application under article 102 of the Constitution, on 24.04.2022 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 the impugned notices dated 17.08.2016 and the impugned notices dated 06.06.2018 under sections 3 and 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 issued by the

respondent Nos. 2 and 4 respectively in L.A. Case No. 01/2016-17 (Annexures- B,C, E, F, H, I, K, L, N, O, Q, R, T, U, W, X, Z, AA, CC, DD, FF, GG, II, JJ, LL, MM, OO, PP, RR, SS, UU, VV, XX, YY) purportedly proposing to acquire the land in Dhaka City Jorip Plot Nos. 203, 302, 525, 622, 623, 624, 625, 626, 627, 628, 629, 630, 634, 635, 642 appertaining to Dhaka City Jorip Khatian Nos. 3, 4, 7, 8, 13, 14, 22, 46, 59, 57, 62, 71, 73, 76, 77, 98, 116 under Mouza-Korail, Police Station-Gulshan, District-Dhaka should not be declared to have been issued without lawful authority and is of no legal effect and why a direction should not be given upon the respondents to award compensation to the petitioners as per law and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Facts relevant for disposal of the Rule Nisi, in short, are that land measuring 6.92 acres appertaining to C.S. Khatian No.23, C.S. Plot Nos. 68 and 77 belonged to Khalil Miah who is the predecessor of petitioner Nos. 1 to 15. The said C.S. recorded tenant Khalil Miah died leaving behind three sons namely- Ataur Rahman, Kitab uddin, Sharif uddin and two daughters namely- Fulzan Bibi and Sukurzan Bibi and one widow Asia Khatun to inherit his left out property as legal heirs. Subsequently, they partitioned the land amongst themselves by executing registered partition deed No. 7025 dated 15.10.1968. During R.S. survey, their names were duly recorded in R.S. Khatian No.9. During Dhaka City Survey, 94.46 decimals of land in Plot Nos. 302, 622, 623, 624, 625 and 626 were duly recorded in the name of Ataur Rahman in Dhaka City Jorip Khatian No.4. On 05.02.2000 Ataur Rahman died leaving behind petitioner Nos. 1 to 7, father of petitioner Nos. 8 to 12 and mother of petitioner Nos. 13 to 15 to inherit the left out 94.46 decimals of land as his legal heirs (vide Annexures-A, A-1 to A-8 to the writ petition).

Whereas on 17.08.2016 the respondent No.2, Deputy Commissioner, Dhaka issued notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 in the names of predecessor of petitioner Nos. 1 to 15 and others to acquire the land measuring 5.8571, 0.0604, 0.1992, 0.1288, 0.3308 and 0.0635 acres respectively in Dhaka City Jorip Plot Nos. 302, 622, 623, 624, 625 and 626 of Dhaka City Jorip Khatian No.4, Mouza-Korail, J.L. No.18, Police Station-Gulshan, District-Dhaka vide L.A. Case No.01/2016-2017 for implementation of “Gulshan-Banani- Baridhara Lake Development Project” by the respondent No.5, Rajdhani Unnayan Kartipakkho (RAJUK) vide Annexure-B to the writ petition.

It is stated that the petitioner No.16, Bangladesh Jamiatul Mudarreseen is the owner and possessor of 33.00 decimals of land through different purchase deeds on different dates. Subsequently, the land was duly recorded in Dhaka City Jorip