Decided on October 28,2009

Government Of Bangladesh Appellant
Azema Khatun Respondents


SHAH ABU NAYEEM MOMINUR RAHMAN, J. - (1.) This appeal arose out of the leave granted by this Division against the judgment and order dated 28.02.2001 by the High Court Division passed in Writ Petition No.2293 of 1997 making the Rule absolute.
(2.) The respondent preferred Writ Petition No.2293 of 1993 challenging the acquisition notification No. For. 6M-31/61/1686 dated 18.11.1961 published by the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declaring the lands detailed in the schedule of the said Notification, which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected forest land with effect from date of the notification contending, amongst others, that the petitioner's land measuring 4.46 acres in C.S. Plot Nos.1/606, 49,60,67,81,117, 370 appertaining to C.S. Khatian No.1, corresponding to S.A. Khatian No.88 and R.S. Khatian No.2/1 of Mouja-Gurkhi, District-Naogaon (previously Rajshahi) under Rajshahi Division, originally belonged to Zaminder Binoy Krisno Bondopadday and Debes Chandra Mukhopodday and that on their behalf the Official Receiver transferred the land to one Samsuddin Mondal of village-Moharazpur, District-Nawabgonj, granting pattan on receipt of salami and granted dakhila and that said Samsuddin Mondal. the pattan holder, while thus possessing and enjoying usufructs therefrom sold the said land to the writ petitioner by registered sale deed dated 20.04.1968 and being owner as aforesaid the writ petitioner got her name mutated and obtained the R.S. Khatian No.2/1 published in her name and since her purchase she is in possession and enjoying usufructs therefrom declaring her owner-ship in public and has been growing paddy in the paddy field and rearing fish in the ponds peacefully, uninterruptedly and without any objection from any quarter and has been paying rents to the Government; but in the middle of March, 1997 some people from the local forest office, Faikbandha, claimed the suit land to be the property of Forest Department on production of copy of the gazette notification dated 18.11.1961, copy of which has been annexed to the writ petition as Annexure-F, and hence the cause of action.
(3.) The Rule was contested by the appellant hereof denying all the material allegations and asserting that land in question is khas waste land belong to the Forest Department as has been declared by the Government vide notification dated 18.11.1961 published in exercise of power conferred by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sale deed of the petitioner is a forged and antidated document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification dated 18.11.1961 gazetted on 30.11.1961.;

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