Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, March 24, 2017 05:58:39 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Court of Settlement should apply judicial consideration impartially

By
19th-Nov-2016       Readers ( 196 )   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 »

We mourn with brave British people who will not waver


THE very fact that Western cities are yet extremely vulnerable to extremists "Lone-wolf" attacks was once again proved on Wednesday when such an attacker drove a vehicle randomly along London's Westminster Bridge towards the Houses of Parliament - killing five including a police officer and maiming innocent bystanders as the ...

Cricket »

Miraz drafted in Tigers' ODI squad


Off-spinner Mehidy Hasan Miraz has been included in the Bangladesh ODI squad for the three-match ODI series against Sri Lanka. Miraz is scheduled to reach Colombo later today, said a BCB press release on Thursday.Meanwhile, off break bowler Naeem Hasan, who made his first class debut for Chittagong Division in ...

City »

Former President of Chhatra League Noor-e-Alam Siddiqui speaking at a discussion organised by 'Prakton Chhatra League Foundation' at the Jatiya Press Club on Thursday marking Flag Day.


Entertainment »

Why is Varun Dhawan not taking up any TV offers?


Arjun Kapoor, Sonakshi Sinha, Shahid Kapoor are among the young crop of stars who have worked on the small screen. Ask Varun Dhawan if he too is keen to get on the bandwagon and he says, "I have been offered a couple of game and dance shows. I had been ...

International »

Despite Trump push, healthcare vote going to the wire


AFP, Washington :President Donald Trump faces a reckoning Thursday as US lawmakers vote on his presidency's biggest legislative test, the Republican plan to repeal and replace Obamacare, as conservatives vowed to kill it unless important last-minute changes are made.The Republican-controlled House of Representatives votes on the controversial measure despite challenges ...

Editorial »

Digging city roads facing monsoon is intriguing


FACING the arrival of monsoon two Dhaka City Corporation (DCC) authorities have permitted different utility service providers to dig up road surface without taking into account that it will cause heavy traffic congestion and immense suffering to city dwellers. Utility providers like Dhaka Water Supply & Sewerage Authority (DWASA), have ...

City »

Bangladesh Federal Union of Journalists (BFUJ) and Dhaka Union of Journalists (DUJ) jointly brought out a rally yesterday towards the Office of the Prime Minister demanding immediate declaration of 9th Wage Board and later submitted memorandum to the Prime Minister.


.

Football »

Mexico`s Nestor Araujo (left) and Javier Hernandez practice during a training session in Cuernavaca, Mexico on Tuesday. Mexico will face Costa Rica in a 2018 World Cup qualifying soccer match on March 24.


.

Entertainment »

When people deter me, it only makes me stronger: Anushka Sharma


Hate begets hate. Positivity spawns positivity and failure is just one more step in our march to success - this is the mantra that Anushka Sharma lives by. She shrugs off slander, laughs away at the evils of social media and confesses that she didn’t have a clear vision from ...

International »

Afghanistan wants more US help in fight against Taliban, IS


AP, Washington :Afghanistan wants the United States to send more forces to help meet shortfalls in the battle against the Taliban and the Islamic State group, the nation's top diplomat said Tuesday.Foreign Minister Salahuddin Rabbani welcomed a recent call by U.S. Gen. John Nicholson, the top American commander in Afghanistan, ...

Editorial »

End strike at BD Medical to end patients suffering


DOCTORS at Bangladesh Medical College Hospital (BMCH) are evidently causing havoc on patients as they continued strike for the past one-week on trivial issues. We must say there may be conflict in many issues between doctors and their parent body Bangladesh Medical Studies and Research Institute (BMSRI), but shutting the ...

Sports »

The Tamil Nadu players pose with the Vijay Hazare Trophy after their win against Bengal in final at Delhi on Monday.


.

International »

Trump admin weighing broad sanctions on North Korea


Reuters, Washington :The Trump administration is considering sweeping sanctions aimed at cutting North Korea off from the global financial system as part of a broad review of measures to counter Pyongyang's nuclear and missile threat, a senior U.S. official said on Monday.The sanctions would be part of a multi-pronged approach ...

City »

Visitors at a photo exhibition organised on the occasion of 98th birthday of Bangabandhu Sheikh Mujibur Rahman at Azimpur School playground in the city on Tuesday.


.

Entertainment »

Rani Mukerji`s first interview post- motherhood, she talks about everything


Rani Mukerji took a break from the life she knew to concentrate on the life she made - Adira. She was immersed in motherhood, and movies were nowhere in the picture. Now that the queen has committed to a film, she is coming out of her self-imposed exile. As she ...

 
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