Case Number: Writ Petition No. 1778 of 1999
Date of filing: 1999/05/23
- Bangaldesh Legal Aid and Services Trust (BLAST)
- Mafizur Rahman
- Bittahin Samabaya Samity
- Joydev Paul
- Deputy Commissioner, Cox’s Bazar
- Chairman, District Town and Thana Paura Elaka, Non-Agricultural Khas Land Auction Committee
- Secretary, Ministry of Land
- Thana Nirbahi Officer, PS- Sadar, Cox’s Bazar
- Chairman, Cox’s Bazar Paurashava
BLAST, along with three inhabitants of the Baharchara and Stadiumpara area (under B.S. Plot Nos. 3115, 3118, 3121-3124, 3130, 3142-3147, 3520-3529 and 3535, all government khas land), challenged a circular issued by the Deputy Commissioner, Cox’s Bazar and published in local and national dailies, dated 15.05.1999, inviting sale of the khas land under Cox’s Bazaar and Chakoria municipal area. The petitioners, along with several thousand others, had been in possession of the area for thirty to forty years by duly paying electricity bills and taxes. After due inquiry, a recommendation for lease was made in favour of the petitioners. Pending recommendation, the impugned circular was issued and the petitioners made several representations for its withdrawal.
The High Court issued a Rule Nisi on the respondents to show cause as to why a Rule shall not be issued to grant lease in favour of the petitioners in respect of the khas land in their possession. A supplementary affidavit was submitted stating that the petitioners on 31.05.1999 applied for allocation of the land in their favour, but faced the threat of eviction on 06.01.2003 and the TNO, AC (Land) started the eviction with the help of police.
Mr Justice Mohammad Fazlul Karim
Mr Justice Md Ali Asgar Khan
Area of law
Constitution, Articles 15, 31, 32 and 42;
National Housing Policy, 1999;
Non-Agricultural Khas Land Management Policy, 1995
The Court issued a Rule Nisi calling upon the respondents to show cause as to why they should not be restricted by an order of injunction from evicting the petitioners no 2 and 4 and 148 others and demolishing their homestead and rstructures from the land. The Court passed an order of status quo, which was later extended till disposal of the Rule. Pending Rule, there was another notice of eviction issued by the District Sport Association and the petitioners secured an order of stay against the same.
Mr Justice Amirul Kabir Chowdhury
Mr Justice Md Nizamul Huq
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