PUBLIC INTEREST LITIGATION (PIL)

1. Jamini Ranjan Chakma
2. Mongollya Chakma
3. Robi Joy Chakma
4. Sura Joy Chakma
5. Nidu Ram Chakma
6. Mohendra Chakma
7. Natun Chandra Chakma

1. Secretary, Ministry of Land
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Secretary, Ministry of Home
4. Secretary, Ministry of Chittagong Hill Tracts Affairs
5. Chairman, Chittagong Hill Tracts Regional Council
6. Chairman, Khagrachari Hill District Local Government Council
7. Deputy Commissioner, Khagrachari PS
8. Sector Commander, Khagrachari Border Guard Bangladesh (BGB)
9. Sector Commander, Dighinala Border Guard Bangladesh (BGB)
10. UpazilaNirbahi Officer, Dighinala
11. Assistant Commissioner of Land, Dighinala

The Petitioners are from the Chakma community and have been living on their lands for many years. On 10.04.2014, without prior acquisition notices and processes and without surveying the lands, Respondent No.4 issued notices of acquisition of land on Petitioners 1-3, and directed them to accept compensation, and directed Petitioners 4-7 to accept compensation for their trees on the case lands.

The High Court issued a Rule Nisi calling upon the respondents to show cause as to why Sections 3 &4 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 shall not be declared void being inconsistent with Articles 27 and 42 of the Constitution, and why the notices dated 10.04.2014 to Petitioners Nos. 1-7 shall not be declared to have been made without lawful authority and to be of no legal effect. The Court also directed the Petitioners to put in two sets of requisites for service of notices both in usual course as well as through registered post within 72 days.

Ms. Justice Salma Masud Chowdhury
Mr. Justice Md. Khasruzzaman