SHAMSU MEAH Vs. GOVERNMENT OF BANGLADESH
SUPREME COURT OF BANGLADESH
Government Of Bangladesh
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MD.TAFAZZUL ISLAM,J. -
(1.) These petition for leave to appeal are directed against the judgment and order dated 04.09.2004 of the High Court Division passed in Writ Petition No.5756, 5757, 5758, 5759, 5795, 5796, 5797, 5799, 5800, 5801, 5802, 5803 of 2000 discharging the Rules obtained challenging the Memo dated 16.11.2000 under the signature of the Assistant Commissioner of Land, the respondent No.9, canceling the allotment of rehabilitation Plot No.24/2, Block E, Mohammadpur Housing Estate.
(2.) The petitioners of Civil Petition No.431 of 2005 filed Writ Petition No. 5756 of 2000 on the averments that their homesteads being acquired by the Government, the Land Allotment Committee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of the respective plots were handed over to the respective constituted attornies of the petitioners and they were possessing the said plots by constructing houses and living therein with their family members; the Ministry of Works, in pursuance of its scheme to construct 500 flats for government officials in different Housing Estates under the project initiated by the National Housing Authority, initially decided not to include the above rehabilitation plots allotted to the petitioners in Mohammadpur Housing Estates but subsequently, all on a sudden, by the impugned Memo dated 16.11.2000 cancelled the allotment of the plots in their favour and also cancelled the approval of the Ministry as regard the Powers of Attorney in respect of the said lands; construction of 500 flats as proposed will not in any way fall within the site plan of aforesaid 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession of their plots from the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their respective plots and in such situation the Government is bound by the principles of promissory estoppel and the Ministry of Works cannot be allowed to retrieve their steps and cancel the allotments.
(3.) The respondent No.1 opposed the Rules and filed affidavit-in-opposition as well as supplementary affidavits categorically denying that possession of the plots in question had been handed over to the petitioners and/or that any construction has been made on the said plots by the petitioners and/or the petitioners are living therein and contended that a section of influential plot grabbers influencing the lower grade officials of the Ministry of Works fraudulently created a so call plan and also the letters showing allotments and delivery of possession which were anti dated and manufactured for the purpose of these writ petitions; the area concerned is reserved for construction of 500 flats for the Government officials and the said decisions was made in the year 1996 and ECNEC on 26.04.1998 approved the plan and proposal and as such the question of delivery of possession of the concerned lands to the petitioners did not arise at all; the instant Rules and the order of temporary injunction from this Court has been obtained by making false statements; there has been no delivery of possession and no deeds have been executed in favour of the petitioners in respect of the concerned plots and so the question of construction of the houses and living therein does not arise.;
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