Case Number: Writ Petition No. 6302 of 2006

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Date of filing: 2006/07/05

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)
Subimal Chakma
Mrs. Dipali Chakma
Amar BikashDey
Surajoy Chakma
Mrs. Ripa Chakma
ParanLarmakar
LaxmiRanjan Chakma
Shanti Kumar Chakma
Mrs. Munjulika Chakma
Ananda Bijoy Chakma
Gayan Kumar Chakma
Angan Chakma
Krishna Moni Chakma
Mrs. Surhela Chakma
Ratan Das
BannaCharan Chakma
Krishnajoy Chakma
Mrs. Jahanara Begum
Md. Ilias
Mrs. Latika Chakma
AbulKashem
BinoyKishorKhaisha
Pulin Bihari Chakma

Respondents

Secretary, Ministry of Land
Secretary, Ministry of Law, Justice and Parliamentary Affairs
Secretary, Ministry of Chittagong Hill Tracts Affairs
DC, Rangamati Hill District
UNO, Rangamati Hill District
AC (Land), Rangamati Hill District
Council, Rangamati Hill District
CHT Regional Council, Rangamati Hill District
Deputy Collector, Rangamati Hill District
Officer in Charge of Land and Settlement, Rangamati Hill District

Facts

BLAST, along with representatives of twenty-three landless families, filed a writ petition challenging the constitutionality of Section 3 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 and a notice issued under this section by the Land and Settlement Officer (Kanungo) on 03.08.2005 settling 15.99919 acres of Khas land at NolbuniaMauza, BarkalUpazilla of Rangamati in favour of the UpazillaParishad, Barkal. The petitioners had been living in the aforesaid area for fifteen to thirty years with the knowledge and permission of the concerned authority and had applied for settlement for their own occupied land. Their applications, along with a recommendation from the Headman, had been pending before the Deputy Commissioner. The whole process of settlement in favour of the UpazillaParishad was done secretly and without notifying the families. Indeed, they were orally assured that their land would be excluded from the settlement. The aggrieved families, on obtaining office copy of the impugned order made several representations, but received no response and feared eviction.

Rule/Order/Judgment

Date: 09/07/2006

Details

The High Court issued a Rule Nisi on 09.07.2006 on the respondents to show cause why Section 3 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 should not be declared ultra vires to the Constitution and why the notice of eviction should not be declared to be made without any lawful authority and the operation of the notice was stayed for three months and the stay was extended for another three months on 16.10.2006.

Justices

Mr. Justice Syed Muhammad Dastagir Husain

Mr. Justice MamnoonRahman

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Area of law

Land

Keywords

Eviction

Relevant statute

Constitution, Articles 7 and 42;

Section 3 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958;

Section 50 of the Chittagong Hill Tracts Regulation, 1900;