PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 3285 of 2009 [With Writ Petition No. 2829 of 2006]
Date of filing: 2012/05/13
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Petitioners
  1. Abrechai Mog
  2. Suipruchai Marma
  3. Mongthoiching Marma
  4. Maraching Marma
  5. Mongchinu Marma
  6. Kraichanyon Mogini
  7. Paimrasong Mogini
  8. Apoapru Mogini
Respondents
  1. Joint District Judge, Khagrachari
  2. Deputy Commissioner, Khagrachari
  3. Additional Divisional Commissioner, Chittagong,
  4. Member-2, Land Appeal Board
  5. Assistant Commissioner (Land), Khagrachari
  6. Chailapru Marma
  7. Niyong Chowdhury
  8. Sathong Chowdhury
  9. Mongjasai Marma
  10. Sujai Marma
  11. Aungprue Marma
  12. Hlathoi Marma
  13. Apaise Marma
  14. Ukroi Marma
Facts

The Petition concerned a question of whether dispute over succession in the Marma community will be resolved using the Hindu Dayabhaga Law or the social customs of the community. DogyoMog died leaving 24.30 acres of land, which was inherited by his daughters, Aowa and AbetuMogini. AowaMogini was mentally unstable and unmarried, so Abetu became the sole successor, and divided the property among her three daughters giving Kraynory 8.10 acres (1/3), Pusuma 10.00 acres (for she was looking after welfare of her disabled aunt Aowa) and gave remaining 6.20 acres to Aunkra, verbally settling that after Aowa’s death, 2.00 acres will revert to Aunkra. The cause of action arose when Aunkra died before the 2.00 acres were settled, thereby leading to a dispute in the distribution between subsequent heirs of all 3 sisters. Later in a case the Deputy Commissioner and ex-officio civil judge of Khagrachari without recognising the customary law and without inviting an opinion from the Headman, passed a judgment dated 22.09.1996 applying the Hindu Dayabhaga law. 

AbrechaiMog was the husband of two of the great granddaughters of Mr. Dogyo. Being aggrieved by the aforesaid judgment they moved to the High Court Division for deciding a question of law whether customary law prevail over personal laws.

BLAST was added as an Intervenor on 12.06.2011 to assist the Court with information and application of the law in Chittagong Hill Tracts and other related matters.

Rule/Order/Judgment
Date: 07/10/2012


Details

The Court decided that the judgment given by Respondent No.2 on 22.09.1996 applying the Hindu DayabhagaLaw is without lawful authority having no mandate of law. Respondent No. 2 was directed to resolve the issue afresh on the basis of both the pleading parties and other relevant documents and in particular, upon consultation with the Circle Chief and Headman as envisaged in the Chittagong Hill Tracts Regulations 1900.

Justices

Mrs. Justice Farah Mahbub

 
Mr. Justice Abdur Rob
 



Database Last Updated on: 2017-02-12 15:26:45
Reference
19 BLC (HCD) (2014) 358
Area of law
Minority Rights,
Adibashi,
Land,
Discrimination (race)
Keywords
Land Succession Rights
Relevant statute

Constitution, Article 102;

Chittagong Hill Tracts Regulations, 1900;

Chittagong Hill Tracts Regulations (Amendment) Act 2003;

KhargachariParbotyoJelaParishad Ain, 1989;

Chittagong Hill Tracts Land Dispute Resolution Commission Act  2001





Case Number: Writ Petition No. 3285 of 2009 [With Writ Petition No. 2829 of 2006]
Date of filing: 2012/05/13

Petitioners
  1. Abrechai Mog
  2. Suipruchai Marma
  3. Mongthoiching Marma
  4. Maraching Marma
  5. Mongchinu Marma
  6. Kraichanyon Mogini
  7. Paimrasong Mogini
  8. Apoapru Mogini
Respondents
  1. Joint District Judge, Khagrachari
  2. Deputy Commissioner, Khagrachari
  3. Additional Divisional Commissioner, Chittagong,
  4. Member-2, Land Appeal Board
  5. Assistant Commissioner (Land), Khagrachari
  6. Chailapru Marma
  7. Niyong Chowdhury
  8. Sathong Chowdhury
  9. Mongjasai Marma
  10. Sujai Marma
  11. Aungprue Marma
  12. Hlathoi Marma
  13. Apaise Marma
  14. Ukroi Marma
Facts

The Petition concerned a question of whether dispute over succession in the Marma community will be resolved using the Hindu Dayabhaga Law or the social customs of the community. DogyoMog died leaving 24.30 acres of land, which was inherited by his daughters, Aowa and AbetuMogini. AowaMogini was mentally unstable and unmarried, so Abetu became the sole successor, and divided the property among her three daughters giving Kraynory 8.10 acres (1/3), Pusuma 10.00 acres (for she was looking after welfare of her disabled aunt Aowa) and gave remaining 6.20 acres to Aunkra, verbally settling that after Aowa’s death, 2.00 acres will revert to Aunkra. The cause of action arose when Aunkra died before the 2.00 acres were settled, thereby leading to a dispute in the distribution between subsequent heirs of all 3 sisters. Later in a case the Deputy Commissioner and ex-officio civil judge of Khagrachari without recognising the customary law and without inviting an opinion from the Headman, passed a judgment dated 22.09.1996 applying the Hindu Dayabhaga law. 

AbrechaiMog was the husband of two of the great granddaughters of Mr. Dogyo. Being aggrieved by the aforesaid judgment they moved to the High Court Division for deciding a question of law whether customary law prevail over personal laws.

BLAST was added as an Intervenor on 12.06.2011 to assist the Court with information and application of the law in Chittagong Hill Tracts and other related matters.


Rule/Order/Judgment
Date: 07/10/2012:
Details

The Court decided that the judgment given by Respondent No.2 on 22.09.1996 applying the Hindu DayabhagaLaw is without lawful authority having no mandate of law. Respondent No. 2 was directed to resolve the issue afresh on the basis of both the pleading parties and other relevant documents and in particular, upon consultation with the Circle Chief and Headman as envisaged in the Chittagong Hill Tracts Regulations 1900.

Justices

Mrs. Justice Farah Mahbub

 ,  Mr. Justice Abdur Rob
 ,  



Reference
19 BLC (HCD) (2014) 358

Area of law
Minority Rights,  Adibashi,  Land,  Discrimination (race)

Keywords
Land Succession Rights

Relevant statute

Constitution, Article 102;

Chittagong Hill Tracts Regulations, 1900;

Chittagong Hill Tracts Regulations (Amendment) Act 2003;

KhargachariParbotyoJelaParishad Ain, 1989;

Chittagong Hill Tracts Land Dispute Resolution Commission Act  2001


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/judgement/Wt-3285-2009.pdf