POBNEWS24, Dhaka, Apr 3, 2022 : The Supreme Court has expressed anger over the government’s role in repeatedly taking time to hear the case of 19-katha land acquisition of heroic freedom fighter Sirajul Haque in the area adjacent to Ad-Din Hospital in Dhaka’s Maghbazar. The appellate bench headed by the chief justice showed this enthusiasm on Sunday when the government asked for more time to hear the appeal filed against the judgment of the High Court in 2012. The other two judges of the bench are Justice Obaidul Hasan and Justice M. Inayetur Rahim.
Attorney General AM Amin Uddin and Additional Attorney General Mehedi Hasan Chowdhury were present in the court hearing on behalf of the appeal.
Lawyer Sheikh Awsafur Rahman was in favor of the petitioner.
According to the case file, during the partition of the country in 1945, Birendranath Roy passed on his 19 and a half katha of land to the local Sirajul Haque with the power of attorney. Twenty years later, in 1975-7, Sirajul Haque made a mutation in his own name with the rent of this land. After that the government filed a case in 1999 demanding rent for the land for not paying rent for a long time.
After this case, on July 25 of that year, Sirajul Haque began to occupy the land by paying rent of Tk 2,792. Earlier, he had connected electricity, gas and water to the building on this land. This is how Sirajul Haque and his family used to occupy this land. The heroic freedom fighter Sirajul Haque died in 2006. The state then filed a case seeking amendment of the land deed. Later on June 23, 2009, Ramna Bhumi Abhis sent a notice for acquisition of this land. After sending this notice, on 15th November of that year, another notice was sent from Ramna Land Office to the real owner of the land, Birendranath Roy.
Mentioning the amount of RS Khatian No. 1, Dag-2, 0.2844 acres (approximately) of property in Baramagbazar Mouza, the notice said, Infrastructure construction is required for the purpose of project implementation and in the public interest. The price of the land was mentioned in the notice as two crore 98 lakh 85 thousand 529 rupees.
Gazette of land acquisition was also issued immediately after this notice. Shortly after the gazette was issued, the administration evicted the family of Sirajul Haque, who was occupying the land. Maleka Siraj, wife of Sirajul Haque, filed a writ petition in the High Court on February 25, 2010 challenging the gazette of land acquisition. Following the hearing of the writ petition, the High Court in 2011 quashed the gazette and declared the land acquisition illegal.
The government appealed against the High Court’s decision in the same year. Although the chamber court did not give the order at first, it later gave the status quo in the order of the high court. Former Chief Justice Surendra Kumar Sinha was the chamber judge then. After the full verdict of the High Court was released, the government appealed against the verdict in 2012. Although the case has been on the agenda of the Appellate Division for six months, the government has not held a hearing. The petitioner has held a hearing. When the pro-government lawyer asked for more time for the hearing yesterday, the court expressed its displeasure and said, “You cannot prepare a case even in 10 years. It is a shame. It can’t be. Then what is the use of us sitting here (in court)! ‘
Addressing the government lawyers, the court further said, “Those who have land should think about it first.” You can’t take one’s land, it can’t be. Then there is no need to have courts in the country. ‘
Additional Attorney General Mehedi Hasan Chowdhury then asked the court to dispose of the appeal. Inayetur Rahim said, ‘We will decide whether we will decide or not. Do I have to make a decision after hearing from you? ‘
Referring to Article 42 of the Constitution, Justice Obaidul Hasan said, If there is no protection of people’s property, then what is the benefit from the court? The court said there was nothing left. If we continue to alao (application of time) in this way …. The court then heard the case on Not Today (not today).
Article 42 of the Constitution states, “Every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property subject to restrictions imposed by law and no property shall be compulsorily acquired, state-owned or occupied without the authority of law. ‘
Sheikh Awsafur Rahman, a lawyer for the family of freedom fighter Sirajul Haque, told Kaler Kanth: After telling the Chief Justice everything in August last year, the appeal came up for hearing. But the government side repeatedly took time and no hearing was held. The government took the last time two weeks before the holiday. When it comes to taking time again today, the court has expressed its excitement. ‘
When I called Additional Attorney General Mehedi Hasan Chowdhury to find out about this, he did not answer.
