PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 7208 of 2014
Date of filing: 2014/07/23
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Petitioners

1. Jamini Ranjan Chakma
2. Mongollya Chakma
3. Robi Joy Chakma
4. Sura Joy Chakma
5. Nidu Ram Chakma
6. Mohendra Chakma
7. Natun Chandra Chakma

Respondents

1. Secretary, Ministry of Land
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Secretary, Ministry of Home
4. Secretary, Ministry of Chittagong Hill Tracts Affairs
5. Chairman, Chittagong Hill Tracts Regional Council
6. Chairman, Khagrachari Hill District Local Government Council
7. Deputy Commissioner, Khagrachari PS
8. Sector Commander, Khagrachari Border Guard Bangladesh (BGB)
9. Sector Commander, Dighinala Border Guard Bangladesh (BGB)
10. UpazilaNirbahi Officer, Dighinala
11. Assistant Commissioner of Land, Dighinala

Facts

The Petitioners are from the Chakma community and have been living on their lands for many years. On 10.04.2014, without prior acquisition notices and processes and without surveying the lands, Respondent No.4 issued notices of acquisition of land on Petitioners 1-3, and directed them to accept compensation, and directed Petitioners 4-7 to accept compensation for their trees on the case lands.

Rule/Order/Judgment
Date: 02/09/2014


Details
The High Court issued a Rule Nisi calling upon the respondents to show cause as to why Sections 3 &4 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 shall not be declared void being inconsistent with Articles 27 and 42 of the Constitution, and why the notices dated 10.04.2014 to Petitioners Nos. 1-7 shall not be declared to have been made without lawful authority and to be of no legal effect. The Court also directed the Petitioners to put in two sets of requisites for service of notices both in usual course as well as through registered post within 72 days.
Justices
Ms. Justice Salma Masud Chowdhury
Mr. Justice Md. Khasruzzaman

Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Livelihood,
Property,
Shelter,
Minority Rights,
Access to Justice,
Adibashi
Keywords
Unlawful acquisition of land
Relevant statute

Chittagong Hill Tracts (Land Acquisition) Regulation 1958, Section 3, 4;
Constitution, Articles 31, 32, 42 and 102





Case Number: Writ Petition No. 7208 of 2014
Date of filing: 2014/07/23

Petitioners

1. Jamini Ranjan Chakma
2. Mongollya Chakma
3. Robi Joy Chakma
4. Sura Joy Chakma
5. Nidu Ram Chakma
6. Mohendra Chakma
7. Natun Chandra Chakma

Respondents

1. Secretary, Ministry of Land
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Secretary, Ministry of Home
4. Secretary, Ministry of Chittagong Hill Tracts Affairs
5. Chairman, Chittagong Hill Tracts Regional Council
6. Chairman, Khagrachari Hill District Local Government Council
7. Deputy Commissioner, Khagrachari PS
8. Sector Commander, Khagrachari Border Guard Bangladesh (BGB)
9. Sector Commander, Dighinala Border Guard Bangladesh (BGB)
10. UpazilaNirbahi Officer, Dighinala
11. Assistant Commissioner of Land, Dighinala

Facts

The Petitioners are from the Chakma community and have been living on their lands for many years. On 10.04.2014, without prior acquisition notices and processes and without surveying the lands, Respondent No.4 issued notices of acquisition of land on Petitioners 1-3, and directed them to accept compensation, and directed Petitioners 4-7 to accept compensation for their trees on the case lands.


Rule/Order/Judgment
Date: 02/09/2014:
Details
The High Court issued a Rule Nisi calling upon the respondents to show cause as to why Sections 3 &4 of the Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 shall not be declared void being inconsistent with Articles 27 and 42 of the Constitution, and why the notices dated 10.04.2014 to Petitioners Nos. 1-7 shall not be declared to have been made without lawful authority and to be of no legal effect. The Court also directed the Petitioners to put in two sets of requisites for service of notices both in usual course as well as through registered post within 72 days.
Justices
Ms. Justice Salma Masud Chowdhury,   Mr. Justice Md. Khasruzzaman


Reference

Area of law
Equality,  Livelihood,  Property,  Shelter,  Minority Rights,  Access to Justice,  Adibashi

Keywords
Unlawful acquisition of land

Relevant statute

Chittagong Hill Tracts (Land Acquisition) Regulation 1958, Section 3, 4;
Constitution, Articles 31, 32, 42 and 102


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45




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