A.B.M. ASGAR Vs. ADMINISTRATOR AND THE CHAIRMAN OF THE ALLOTMENT COMMITTEE, DHAKA

JUDGEMENT

(1.) This appeal, by leave, is from the judgment and order dated 27th July, 1999 of a Division Bench of the High Court Division in Writ Petition Nos. 471 of 1989 discharging the Rule Nisi.

(2.) The appellant instituted Writ Petition No.471 of 1989 challenging the allotment of 47 shop rooms in the ground floor and 6 rooms in the 1st floor of Ahasanullah (Nawabbari) Super Market, Ahasan Manzil, Dhaka by the respondents. According to the appellant there were 300 shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-726 with a view to preserve and protect the said Ahasan Manzil as monument making necessary renovation thereof and to establish a museum thereon. After such acquisition the appellant along with 300 victim shop keepers became seriously affected. The affected shop keepers made a representation to various authorities including the President of the Republic and the then Chief Martial Law Administrator for saving them from total ruination with a suggestion that a Super Market should be constructed adjacent to the Ahasan Manzil monument where the shops were located on C. S. Plot No. 725-726. The Government having found the proposal meaningful accepted the same and decided to construct a Super Market on the said plots adjacent to the Ahasan Manzil monument.

(3.) In the premises, the government by letter dated 18th January, 1986, directed the Deputy Commissioner, Dhaka to take over and deliver the possession of the lands to the Dhaka City Corporation for construction of a Super Market thereon. In order to ensure that the shops in the said Super Market are made available to the affected shop keepers at the first instance by way of allotment on priority basis, the Government by letter dated 28th January, 1986, constituted a field survey committee. The said committee conducted a survey and prepared a list of affected shop keepers by physical verification and submitted its report to the Government on 15th February, 1986, and issued certificates to each of the affected shop keepers. Thereupon the Dhaka City Corporation took up construction work of the Super Market and with a view to meet the construction costs asked the affected shop keepers to pay salami of Tk. 25,000/- each in advance. The appellant and other shop keepers paid the salami against receipts. Thereafter the City Corporation fixed the salami for a shop room at Tk. 1,50,000/- and asked the shop keepers to pay the balance amount by 5 equal installments of Tk. 25,000/- each. The appellant and other affected shop keepers duly paid the salami.