PUBLIC INTEREST LITIGATION (PIL)

1) Association for Land Reform and Development (ALRD)

2) Bangladesh Legal Aid and Services Trust (BLAST)

3) Nijera Kori

4) Arpito (shatru) Sampatti Ain Protirodh Andolon

5) Professor Dr. Abul Barkat

6) Sammilito Samajik Andolon

1. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka-1000.
2. Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka-1000.
3. Bangladesh Parliament, Sher-e-Bangla Nagar, Dhaka, represented by its Secretary.
4. Secretary, Ministry of Public Administration, Bangladesh Secretariat, Dhaka-1000.
5. Deputy Commissioner, Dhaka.
6. Deputy Commissioner, Manikgonj.
7. Deputy Commissioner, Munshigonj.
8. Deputy Commissioner, Narayangonj.
9. Deputy Commissioner, Gazipur.
10. Deputy Commissioner, Narsingdi
11. Deputy Commissioner, Mymensingh
12. Deputy Commissioner, Tangail
13. Deputy Commissioner, Jamalpur
14. Deputy Commissioner, Sherpur
15. Deputy Commissioner, Kishorgonj
16. Deputy Commissioner,Netrokona
17. Deputy Commissioner,Faridpur
18. Deputy Commissioner,Gopalgonj
19. Deputy Commissioner, Madaripur
20. Deputy Commissioner, Shariatpur
21. Deputy Commissioner, Khulna
22. Deputy Commissioner, Bagerhat
23. Deputy Commissioner, Satkhira
24. Deputy Commissioner, Jessore
25. Deputy Commissioner, Narail
26. Deputy Commissioner, Jhenaidaha
27. Deputy Commissioner, Magura
28. Deputy Commissioner, Rajbari
29. Deputy Commissioner, Barisal
30. Deputy Commissioner, Patuakhali
31. Deputy Commissioner, Pirojpur
32. Deputy Commissioner, Jhalakathi
33. Deputy Commissioner, Bhola
34. Deputy Commissioner, Barguna
35. Deputy Commissioner, Chittagonj
36. Deputy Commissioner, Cox’s Bazar
37. Deputy Commissioner, Noakhali
38. Deputy Commissioner, Feni
39. Deputy Commissioner, Laxmipur
40. Deputy Commissioner,Comilla
41. Deputy Commissioner, Chandpur
42. Deputy Commissioner, Brahmanbaria
43. Deputy Commissioner, Sylhet
44. Deputy Commissioner, Hobigonj
45. Deputy Commissioner, Moulovibazar
46. Deputy Commissioner, Sunamgonj
47. Deputy Commissioner,Rajshahi
48. Deputy Commissioner,Chapai Nawabgonj
49. Deputy Commissioner,Noagaon
50. Deputy Commissioner,Natore
51. Deputy Commissioner,Pabna
52. Deputy Commissioner,Sirajgonj
53. Deputy Commissioner,kushtia
54. Deputy Commissioner,Chuadanga
55. Deputy Commissioner,Meherpur
56. Deputy Commissioner,Bogra
57. Deputy Commissioner,Joypurhat
58. Deputy Commissioner,Rangpur
59. Deputy Commissioner,Lalmonirhat
60. Deputy Commissioner,Gaibandha
61. Deputy Commissioner,Kurigram
62. Deputy Commissioner,Nilphamari
63. Deputy Commissioner,Dinajpur
64. Deputy Commissioner,Thakurgaon
65. Deputy Commissioner,Panchagar

The Vested Property Act 1974 was a highly controversial law that effectively allowed the Government to appropriate property from individuals it deemed to be an enemy of the state. The abuse of laws by the government and its agencies to deprive religious minorities of their land continued post independence. The Vested Property Act 1974 had empowered the Government (whether of Pakistan or Bangladesh) only to become the custodian of and to preserve enemy property in contemplation of arrangements to be made in the conclusion of peace with India. But the Vested And Non-Resident Property (Administration) (Repeal) Ordinance, 1976 (Ordinance XCII of 1976) had sanctioned the Government not only to administer and manage vested properties, but also to dispose of or transfer the same on long term basis.  The 1976 Ordinance for the first time purported to make the Government the owner of vested properties instead of its mere custodian or protector. Thus, the Government deprived individuals, mainly from the Hindu community but also significantly from among the plains Adibashis, many from the Christian community, of their ancestral property, in a gross and blatant infringement of their constitutional right to private ownership. Finally, in 2001 the then government repeals the Act, and replaced it with the Vested Properties Return Act, 2001.  In an effort to restore the confiscated property to its rightful owners, Campaign groups and affected communities, however, noted significant gaps and inconsistencies in the law, which appeared to contradict the basic spirit of the Proclamation of Independence of Bangladesh and certain constitutional rights. To ensure equal protection of law among citizens, the Association for Land Reform and Development (ALRD), BLAST and the other core organizations that had been involved in campaigning for the new law filed this Writ Petition for a declaration that some provisions of the said Act are unconstitutional.

A Rule Nisi be issued calling upon the respondents to show cause as to why the declaration of schedule of property contained in ‘Ka’ Gazette under the category of 2 (j) of Vested Property Return Act 2001 (as amended upto date) so far as it relates to publication and enlistment of the alleged vested property mentioned the date and V.P Case No./E.P. Case No. after 23.3.1974 in violation of the judgment and order of the Highest Judiciary should not be declared to have been made without lawful authority and be of no legal effect and as to why declaration of section (tha) and section 9(1) in respect of inclusion and publication of ‘kha’ schedule in Vested Property Return Act 2001 amended in 2011,2012 and 2013 should not be declared as ultra vires to the constitution of the People’s Republic of Bangladesh and contradictory to the judgment and order of the Highest Judiciary and why should not be declared to have been made  without lawful authority and be of no legal effect and as to why section 13 of the Vested Property Return Act 2001 as amended in 2011 and 2012 is relating to whole sale abatement of the cases without saving clause pending for hearing in the Appellate Court and Revisional Court including in the Supreme Court concerned and unlawful inclusion in the schedule ‘Ka’ and ‘kha’ gazetted as vested property in violation of section of fundamental rights should not be declared to have been made without lawful authority and be of no legal effect and as to why subsequent alleged Additional List published in the Bangladesh Gazette in respect of left out ‘Ka’ and ‘kha’ schedule vested property in violation of section 9(6) of the Vested Property Return Act, 2001 as amended by Vested Property Return (amended) Act, 2011 and 2012 should not be declared to have been made without lawful authority and be of no legal effect and as to why inclusion of  sub section (ka) after sub section 1 of section 9 inserted by section 4 of enactment ‘ Vested Property  Return (amendment) Act , 2013 amending original section 9 of Vested Property Return Act, 2001 notified in Bangladesh Gazette dated 5.5.2013 should not be declared to have been made without lawful authority and be of no legal effect. 

The rule is made returnable within 2 (two) weeks from date.

Let this rule be served upon the respondents in usual course and also through registered post, on two sets of requisites being put in within 72 hours immediately.

1) Mr. Justice Quazi Reza Ul Hoque
2) Mr. Justice A.B.M. Altaf Hossain 

An application for injunction was filed on behalf of the petitioners for restraining the respondents from publishing  the ” Ka” Schedule and “Kha” Schedule Gazette in the name of additional or left out vested properties through out all Upazilas covering 61 Districts except Hill Districts; Rangamati, Bandarban, Khagrachari under the respondent nos. 5 to 65.