To:

1.       Chairman

Chittagong Port Authority

District Chittagong

2.       Chief Engineer

Chittagong Port Authority

District- Chittagong

3.       Estate Officer

Chittagong Port Authority

District- Chittagong

From:

                Shah Hossain

Advocate

Supreme Court of Bangladesh

Room No. 304 (Annex)

Supreme Court Bar Association

Dhaka.

On Behalf of:

Abdur Noor Chowdhury

Son of Late Hazi Anu Mia Chowdhury

20/A Stand Road. Anu Majhir Ghat,

Police Station- Bondor

At present Sadarghat.

Post office- Banglabazar,

District- Chittagong

Dear sir,

Under instruction received from my above mentioned client I instructed by Mr. Abdul Baset Mojumdar senior Advocate Bangladesh Supreme Court Do hereby Give you the legal notice hereunder-

1.       That my client’s father was the owner of 2.04 acres of land in R.S. Plot No 1266 R.S khatian No.34 and was a military personnel. After the end of 2^nd World war, my client’s father retried from British Army on 08.09.1945 The land in question was Khas land and same was given pattan of the father of my client who was living there in with his family members Subsequently, the said land was accreted on the southern side of R.S. Plot No. 1266 and same was merged with the said plot. At the time of P.S. operation, accreted land was P.S. dag No. 1140. When East Bengal State Accusation Act came into force the predecessor of my client applied for settlement of applied for settlement of accreted land being P.S. dag No. 1140 in Case No. 33/1962-63 and accordingly same was settled in favour of the predenccessor of my lients on 11.01.19964 and the authority concerned directed to mutate the same in favour of predecessor of my client and accordingly, P.S Khatian No. 296 was opened Meanwhile, Zaminder Kaernath Tewari Filed an objection for getting settlemen t of aforesaid P.S. dag No. 1140 to the additional Deputy Commissioner (Reveneue), Chittagong Ultimately same was rejected. As Against the said Order of rejection Zamidar Kadernath Tewari filed a Revision Case before the Additional Divisional Commissioner, Chittagong being Settlement Case No. 183 of 1965. On ther other hand Rally Brthers claiming the land of P.S. dag No.1140 also applied for settlement of the land before the Divisional Commissioner, Chittagong and upon hearing the case of the respective parties the Divisional Commissioner, Chittagong and upon hearing the case of the respective parties the Additional Divisional Commisioner, Chittagong rejected the claims of the respectice on 01.09.1966. Against the aforesaid order passed by the Additional Divisional Commissioner, Chittagong none of the parties filed any case before the Land Appeal Board and as such the order passed by Additional Divisional Commissioner, Chittagong became confirmed. Furthermore, None of the partied challenged the mutation made in the name of predecessor of my clients. During the P.S Operation the R.S. dag no. 1266 Was converted in P.S dag No. 1129, 1130, 1131, 1132, 1133, 1134 and during B.S. operation the aforesaid plots were converted as B.S.  dag No 159, 160, 161, 162 and 168. The predecessore of my client paid rents to the authority concerned and after the death of my client’s father, my client and other heirs is also paying rents. the predecessor of my clients constructed building, godwon, mosque and other structures by taking permission from the authorized officer under Divisional Commissioner, Chittagong vide B.C Case No. 200/1962-63 on 23.01.1963. The predecessor of my clients has also constructed steal structure on the southern side of the land sea-going ships and some other vessels were anchored in the ghat, River Karnafuly is situated just by the side of my client’s land, The predecessor of my clients also took gas, electricity and other civic facilities and also are paying bills regularly.

2.       That it is stated that during B.S. oration some lands of my clients beings B.S. dag No. 159,160,161 and 168 measuring an area of 1.00 aceres of land out of 2.04 acres of land was wrongly recorded as Khas Khatian. For the aforesaid reason predecessors of my client filed Other Class suit No. 154 of 1996 praying for a decree of Title and for further declaration prepared are not building upon plaintiffs. Upon hearing the aforesaid Other Class Suit No. 154 of 1996 Same was decreed in favor of my client and others with contest against the government and others by judgment and decree dated 22,10,2003. Decree drawn and signed on 29.10.2003.

3.       That as against the judgment and decree dated 22.10.2003 the Government of Bangladesh represented by Deputy Commissioner Chittagong filed Other Appeal No. 209 of 2004 before the learned District Judge Chittagong and on transfer same was heard and disposed of by learned joined District Judge 1^st Court Chittagong and upon hearing the same the learned Court of Appeal below was pleased  to affirm the judgment and decree of the trial court by the judgment and decree dated 04.04.2006.

4.       That it is stated that as against the judgment and decree dated 04.04.2006 passed in Other Appeal No. 209 of 2004 the government of Bangladesh did not prefer any case before the superior court hence the aforesaid judgment and decree become final. It may be stated here that since the Government was not obliging the decree passed by the court of law my client and others filed Writ Petition No. 1313 of 2010 before the High Court Division of the Honorable Supreme Court of Bangladesh for a direction to abide by the decree of the court of law upon hearing the same Honorable High Court Division was Pleased to a issue of Rule and upon hearing the parties made the Rule absolute by the Judgment and order dated 30.11.2011. As against the aforesaid Judgment and order dated 30.11.2011 the government of Bangladesh preferred Civil Petition for leave to appeal No. 1911 of 2012 before Appellate Division of Honorable Supreme court of Bangladesh and upon hearing the same the Honorable Appellate Division was pleased to dismiss Civil Petition for leave to appeal No. 1911 of 2012 by the Judgment and order dated 10.03.2016 .

5.       That during the continuane of aforesaid civil cases you the notice receivers in collusion with each other with mala fide intention and fore Co-lateral purpose and personal gain leased out some portions of my clients decreetal land to (1) Mahammudullah of stand Road, P.S- Sadarghat, District- Chittagong alleged the proprietor of Beacon Engineering Jetty (2) Md. Rasel Son of- Abdul Malek, of Stand Road, p.s- sadarghat, district- Chittagong alleged Proprietor of continental jetty and (Jhanara Chowdhury wife of Late Abdulr Gofur Chowdhury of stand Road, P.S- Sadharghat, District- Chattagram.

6.       That After getting a decree from the court of law my client repeatedly requested you to cancel the lease granted in favor of the aforesaid persons both orally and in writing but you with mala fide intention and fore personal gain did not take any step to cancel the lease. After getting a temporary lease the aforesaid person setup temporary jetty on my client’s decretal land as has been affirmed by the Appellate Division of Honorable Supreme Court of Bangladesh most illegally. My clients have already set up a jetty in some portions of his decretal land long before and is going to expend said jetty in a modern manner with the help of the government. The Project of my client is underactive consideration of the government. If you do not cancel the lease granted illegally in favor of the aforesaid persons the private scheme my client with the aid object of government will be hampered.

7.       That non cancelling the lease in favor of the aforesaid persons on the decretal land of my clients as has been affirmed by the highest judiciary of the country illegal and contemptuous as well.

in the premises stated above I would request you to cancel the temporary lease granted to the aforesaid persons with intimation to me or my client within 7 days after receipt of the notice. Failing which my  client would take shelter of law before the appropriate court for his painful necessity. In the aforesaid circumstances, you will be liable for future consequences including the costs incidental thereof.

A copy of the notice is kept in my office for future reference