Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, February 25, 2017 10:32:24 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Court of Settlement should apply judicial consideration impartially

By
19th-Nov-2016       Readers ( 157 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

(From previous issue) :
“এ বাড়ী সংক্রান্তে অত্র কার্যালয় হতে ‘খ’ তালিকায় ৬৩৪ নং ক্রমিকে গেজেটে প্রকাশের জন্য ২২-৪-১৯৮৬ তারিখে প্রেরণ করা হয়। সে মতে ১৯৮৬ সালে ২৮শে এপ্রিল মাসের গেজেটে ৬৩৪ নং ক্রমিকে পরিত্যক্ত বাড়ী হিসেবে ঘোষিত হয়েছে। কিসের বুনিয়াদে বা কোন প্রতিবেদনের উপর পরিত্যক্ত বলে এ বাড়ী ঘোষিত হবে তার কোন তথ্য অত্র দপ্তরে বর্তমানে খুঁজে পাওয়া যাচ্ছে না বা এ সংক্রান্তে কোন নথিও নেই। ঘোষণা হয়েছে কিনা তাও পরিদৃষ্ট হচ্ছে না।
উপরোক্ত তথ্য প্রমাণ হতে বাড়ীটি পরিত্যক্ত সম্পত্তির তালিকা হতে অবমুক্তির যোগ্য প্রতীয়মান”।
17. The above mentioned observation of the concerned Officer of the Abandoned Property Division, Khulna, establishes that the Government never declared the property as abandoned. In the present case the ownership of the property is not paramount consideration for this Court. The main question is whether the property in question has been rightly included in the "Kim" list of the Abandoned Building in accordance with law. This court also finds that the Government- Respondent never issued and served any notice upon the owner and the occupier under Article 7 of PO 16 of 1972 or under Section 5(1)(b) of the Ordinance, 1985 non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the "Kha" list of the Abandoned Buildings. It is also noted that there is nothing on record to show that the Petitioner was ever asked to show cause about inclusion of the property or to surrender the same which has definitely denied the right of natural justice to the Petitioner.
18. In the case of Syeda Chand Sultana vs Bangladesh reported in 1 MLR 310 = 48 DLR 547 which was affirmed by the Appellate Division and reported in 51 DLR (AD) 24, it has been held that,
"Where the owners as Bangladeshi nationals having lawful title have been in possessions of the property all through and never having ceased to manage or supervise the same and not having "left the country and when there was no proper service of notice upon the petitioners as required under Article 7 of the PO No. 16 of 1972, the inclusion of the said building in the "Kha list" of abandoned properties being violative of the fundamental right as contained in Article 42 of the Constitution is illegal, without jurisdiction and of no legal effect and as such the petitioners are entitled to invoke the writ jurisdiction for enforcement of fundamental rights.
19. In the present facts and circumstances, this Court finds itself wholly subscribing to that ratio decidendi in the Syeda Chand Sultana Case.
20. Given this Court's understanding of the essentials of enquiry as to the status of property under the relevant provisions of Ordinance as above explained, it is found that the claimant had duly discharged her onus of proving her case independently of the Government and that in doing so she had by a set of mutually reinforcing evidence produced generally established a continuous scenario of active ownership, occupation, supervision and management of the said property through her principal both before and after the promulgation of PO 16 of 1972. There was nothing on record that could have reasonably led the court of Settlement to find otherwise. However, the Court of Settlement without. following a judicial  approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideration of the whole dispute between the parties and decided the matter erroneously. By that reason, and by confining this Court's scrutiny to the objective of finding whether the impugned Judgment is perverse or not, this Court has inevitably arrived at the conclusion that the Court of Settlement's Judgment and Order dated 22-2-2001 is indeed highly perverse, one being contrary to the facts and circumstance and evidence on record and by that reason we are inclined to interfere with the impugned Judgment of the Court of Settlement as prayed for.
21. In the result, the Rule is made absolute without any order as to costs.
22. It is hereby declared that the Judgment and Order dated 10-12-2009 passed by the Respondent No.3 in Case No. 221 of 1992 dismissing the case and thereby refusing to release the property being House No. T-57, Khalishpur Housing Estate Khulna from the "Kha" list of abandoned buildings. published in the Bangladesh Gazette on 23-9-1986 at Page No. 9764(36) against serial No. 615 (mistakenly mentioned in the decision as published in the Bangladesh Gazette dated 28-4-1986 against serial No 634 is without lawful authority and is of no legal effect and the Respondents are hereby directed to exclude the same from the "Kha" list of the Abandoned Buildings within 60 (sixty) days from the date of receipt of this Judgment and Order.
23. The order of stay granted at the time of issuance of this Rule is stand vacated.
Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once.
(Concluded)

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

VIPs should concern with public safety, not their own special safety


IN a bid to boost the existing security facilities to our VIPs - Ministers, Members of Parliament, state Ministers, Deputy ministers and judges for that matter - the government is about to form a special police unit. The police headquarters have submitted a proposal to the Home Ministry in this ...

City »

Secretary of Rural Development and Cooperatives Division Dr Proshanto Kumar Roy, among others, at an orientation on 'Role of One House, One Farm in Achieving SDGs' in CIRDAP Auditorium in the city on Friday.


.

Entertainment »

Is Deepika doing the remake of Mr & Mrs Smith?


Bollywood actress Deepika Padukone on Thursday negated the reports that she was doing the official remake of Hollywood movie Mr & Mrs Smith. “Well, let’s set the record straight because there have been a lot of rumours regarding a lot of films I am supposedly doing. I think usually there ...

Cricket »

O`Keefe, Smith flatten India on day 2 in 1st Test


AFP, Pune :Left-arm spinner Steve Keefe grabbed a career-best haul of 6-35 to put Australia on top before skipper Steve Smith compounded India's misery with an unbeaten fifty in the first Test in Pune Friday.The visitors reached 143-4 at stumps on day two, which saw a total of 15 wickets ...

International »

White House adviser asks FBI to refute Russia story


AP, Washington :White House chief of staff Reince Priebus asked a top FBI official to dispute media reports that President Donald Trump's campaign advisers were frequently in touch with Russian intelligence agents during the election, a White House official said late Thursday.The official said Priebus' request came after the FBI ...

International »

Putin wants to stabilise Syria's 'legitimate' power


AFP, Moscow :Russian President Vladimir Putin said Thursday that Moscow's goal in Syria was to "stabilise the legitimate authority" and strike a "decisive blow" against terrorism."We have no plans to interfere in Syria's internal affairs," he told a group of naval officers returning from Syria, where six years of war ...

Editorial »

Mr Trump`s `demonising` policies threatening world peace


THE mass deportation that President Donald Trump has pressed in the past several days is only spreading fear and dividing the American nation. The Amnesty International's annual report, presented last Wednesday in Paris has objectively pointed out how the US President Donald Trump and some others like Philippine President Rodrigo ...

Football »

A moment of the Dhaka Metropolis Saif Power Tec Second Division Football League between City Club and Shantinagar Club at the Bir Shreshtha Shaheed Sepoy Mohammad Mostafa Kamal Stadium in Kamalapur on Thursday. City Club won the match by 6-1 goals.


Weekend Plus »

Horoscope of the week


Aries (Mar 21-Apr 20):  You may encourage those who are sincere and devoted by using unconventional methods and tactics, or by agreeing to discuss your real intentions. Such tendencies are supported by the fact that your romantic charms and social skills will be at their most effective.Taurus (Apr 21-May 21): ...

Weekend Plus »

Prof Hassan Shaheed Suhrawardy: Forgotten pride


Sunil Bandopadhaya :The Art Advisory Committee for the decoration of the first three buildings of the UNESCO Headquarters in Paris, which were officially inaugurated in 1958, held its first session from May 16 to 18, 1955. It included Herbert Read, Professor Hassan Shaheed Suhrawardy, then Pakistan’s Ambassador to Spain. Suhrawardy ...

Entertainment »

Mental health as important as physical health: Demi Lovato


Singer-actress Demi Lovato, who has been vocal about her battle with bipolar depression, believes that mental health is "just as important as physical health".Inspired by her own travails with mental health, Lovato recently served as an executive producer of a documentary called "Beyond Silence", which follows three individuals - Jeff ...

Weekend Plus »

Strawberry Chocolate Brownies


Ingredients250g - Dark chocolate250g - Unsalted butter360g - Caster sugar5 - Eggs5ml - Vanilla extracts100g - Strawberry chocolate (chopped)50g - Chopped nuts65g - All-purpose flour1 tsp - Baking powderFor GarnishFresh strawberriesVanilla ice creamChocolate garnishMethodPreheat the oven to 170 degree celsius.* Line a 24cm square baking tin with greaseproof paper.* Melt ...

SKETCH »

Amar Ekushey Book Fair


Sheikh Arif Bulbon :The month-long Amar Ekushey Boi Mela is going on in the capital amid foolproof security which began on February 1. Some days have already gone since its beginning. This time the Boi Mela takes a different look. This year the extent and range of the Boi Mela ...

International »

Syria`s warring sides trade fire as peace talks convene


Reuters, Beirut :Syrian warplanes carried out air strikes on rebel-held areas in Deraa, Hama and Aleppo provinces and insurgents fired rockets at government targets on Thursday, just as peace talks were set to resume in Geneva after a 10-month hiatus, a war monitoring group said.However, the overall level of violence ...

Sports »

India men`s and women`s Rollball teams, the champions of the men`s division and women`s division of the 4th Rollball World Cup pose for a photograph at the Shaheed Suhrawardy Indoor Stadium in Mirpur on Wednesday.


 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news