ABUL HASHEM Vs. INTERNATIONAL OIL MILLS LIMITED
SUPREME COURT OF BANGLADESH
International Oil Mills Limited
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MD.ABDUL MATIN,J. -
(1.) This petition for leave to appeal and the Civil Miscellaneous Petitions are directed against the judgment and order dated 28.02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001 making the Rule absolute.
(2.) The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporated in the year 1963 is engaged in Tank Terminal business upon obtaining a permission from the Chittagong Port Authority, respondent No.4 on lease hold basis situated beside the Karnaphuii River where it established its tank terminal business. The area of lease hold land is 1.53 acres which the petitioner is holding on yearly renewable lease since its establishment of the said business of tank terminal in the year 1964.
(3.) In the writ petition the respondent No.1 M/S Amin Agency (1947) Limited, is a nationalized enterprise controlled by the respondent No.2 whose premises is situated beside the south eastern side of the writ petitioner's premises on the land owned by the respondent No.4, Chittagong Port Authority hereinafter mentioned as CPA, having an area of 3.20 acres of land which the respondent No.1 also hold on yearly renewable lease under the respondent No.4. In the year 1989 the writ petitioner felt urgent need of more land for expanding its tank terminal. Finding that the respondent No.1 has some unutilized excess land in the back yard of its premises as ditch and low lying area, the petitioner approached the authority of the then respondent No.1 for leasing its unutilized ditch and low lying areas situated at the back yard measuring 0.75 acre in favour of the writ petitioner company and thereby allow the writ petitioner to take lease of the said 0.75 acre of land from the respondent No.4, CPA which the management of respondent No.1 agreed, subject to taking permission from its controlling authority writ respondent No.2. But the writ respondent No.2 Bangladesh Sugar and Food Industries Corporation being the controlling authority of respondent No.1 M/S Amin Agencies (1947), was required to take appropriate permission from the writ respondent No.3, i.e. Ministry of Industries for abandoning lease hold excess unutilized land of M/S Amin Agencies (1947) Limited to the third party and accordingly the writ respondent No.3 by its letter dated 30 .05.1989(Annexure-A) gave permission to the writ respondent No.2 for abandoning lease hold excess unutilized land and transferring 0.75 acre of such land to the writ petitioner company for facilitating their expansion program. After receiving such permission the writ respondent No.2 by letter dated 10.06.1989 (Annexure-I(ii)) directed the management of the writ respondent No.1 to take necessary steps to return back the lease hold land of 0.75 acre to the writ respondent No.4 the Chittagong Port Authority to facilitate them to lease out the same to the writ petitioner company. Thereafter the management of the writ respondent No.1 by its letter dated 08.10.1991 took appropriate steps and upon advise of the writ respondent No.4 informed the writ petitioner company by letter dated 13.10.1991 (Annexure-C) to obtain lease of the said 0.75 acre of land from the writ respondent No.4 CPA. By that letter the writ petitioner company was asked to submit a joint application with the writ respondent No.1 to the writ respondent No.4, Chittagong Port Authority, prior to which, the writ respondent No.1 was required to pay off the dues relating to lease money of Tk.7, 28,857.31 for the period of 01.01.1984 to 31.12.1990 to the lessor i.e. writ respondent No.4 Chittagong Port Authority. Subsequently by letter dated 06.04.1994 (Annexure-K) the management of the writ respondent No.1 M/S Amin Agencies requested the writ respondent No.4 to allow them to handover the said land of 0.75 acre to the writ petitioner company. Later on a further prayer of the writ petitioner to get more 0.25 acre of land adjacent to the said 0.75 acre, the writ respondent No.2 through its letter dated 30.04.1994 (Annexure-L) informed the writ respondent No.1 about their decision of allowing this more 0.25 acre of land to the writ petitioner and also to make a term with the writ petitioner to pay off the dues relating to lease money of the writ respondent No.1 and upon which the management of the writ respondent No.1 again, through its letter dated 04.07.1994 (Annexure-N), requested the writ respondent No.4 to allow lease of more 0.25 acre of land in favour of the writ petitioner company along with the earlier 0.75 acre of land. Subsequently pursuant to an eviction case filed earlier by the writ respondent No.4 against the-writ respondent No.1, due to non payment of due lease money, the writ petitioner company upon taking permission from the Court of Special Magistrate in a Petition Case No.19 of 1990 sent a pay order of Tk.7,68,922.47 forwarded through its letter dated 10.08.1994 (Annexure-D) to the writ respondent No.1to facilitate the payment of due lease money for the period up to 31.12.1994 of the writ respondent No.1. Upon receiving the said pay order the writ respondent No.1 paid off the dues of the writ respondent No.4 through treasury challan dated 14.09.1994 (Annexure-D (ii)). Thereafter the writ petitioner company upon getting the possession of the entire 1.00 acre of land situated at the back yard of the premises of the writ respondent No.1 filled up the ditch and the low lying land by earth upon expending Tk.3,00,000/- from its own fund which was informed to the writ respondent No.4 through letter dated 05.11.1995 (Annexure-Q). The writ petitioner company through the said letter dated 05.11.1995 also formally prayed for lease of 0.75 acre of land either in favour of its sister concern or in its own favour. The writ respondent No.4 CPA by letter dated 19.06.2001 (Annexure-W) to the writ respondent No. 5, its controlling Ministry informed the decision of leasing out 0.75 acre of land to the writ petitioner company subject to permission accorded by the writ respondent No.5. Accordingly, the writ respondent No.5 accorded such permission to the writ respondent No.4, CPA through letter dated 05.07.2001 (Annexure-X) with a copy to the writ petitioner to lease out the aforesaid land of 0.75 acre to the writ petitioner.;
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