Notice Demanding Justice
Notice Demanding Justice
Mr. Z
Address….
Dear Sir
RE: NOTICE DEMANDING JUSTICE.
We act for COMPANY 1, Chamber House ………………… Our clients have instructed us to serve notice upon you as follows:
01. That the land measuring 9.85 acres in B. S. Dag Nos. 11, 117, 107 in Mouza Bandar, Chittagong more particularly described in the schedule below (hereinafter referred to as the scheduled property) was belonged to Mr. x, Mr. G, Mr. y, Mr. A, Mr. B, Mr. C, Mr. D, Mr. E, Mr. F and MS. A.
02. That out of the said 9.85 acres of land Mr. x, Mr. G, Mr. y, Mr. A, Mr. B, Mr. C, Mr. D and Mr. E transferred their 8.30 acres of land to (i) Mr. M, (ii) Mr. N and (iii) Mr. P vide following deeds:
i) Deed of Sale No. 1135 dated 02.02.77 executed by Mr. x in favour of Mr. M.
ii) Deed of Sale No. 7428 dated 17.06.78 executed by Mr. G, Mr. y, Mr. A and Mr. B in favour of Mr. Mr. M.
iii) Deed of Sale No. 14616 dated 28.11.78 executed by Mr. C in favour of. Mr. M.
iv) Deed of Sale No. 8574 dated 18.07.77 executed by Mr. D in favour of Mr. N and
v) Deed of Sale No. 398 dated 08.01.80 executed by Mr. E in favour of Mr. P.
03. That while the said (i) Mr. M, (ii) Mr. N and (iii) Mr. P were in peaceful possession of the said land they transferred their 8.30 acres of land to our client vide (i) Deed of Sale No. 4753 dated 20.07.95 and its rectification Deed No. 1438 dated 04.04.96 and (ii) Deed of Sale No. 4754 dated 20.07.95 and its rectification Deed No. 1437 dated 04.04.96.
04. That on the other hand after death of Mr. F and MS. A their 1.55 acres of land were inherited by (i) Ms. M, (ii) Ms. N, (iii) Ms. P, (iv) Ms. X, (v) Mr. U, (vi) Mr. T, (vii) Ms. X and (viii) Mr. W who subsequently transferred the said 1.55 acres of land to our client vide Deed of Sale No. 8273 dated 27.12.95.
05. That thereafter our client has got its name mutated with the proper authority vide Mutation and Separation Case No. 14/95-96 dated 23.09.95 and have been paying rent, rates and taxes regularly.
06. That our client purchased the land with intention to set up a Cement Factory on the said land at a project cost of Tk. 52,68,72,860.00 only with the financial assistance of Tk. 36,88,11,000.00 from Bank 1. At the request of our client Bank 1 sanctioned Project Loan of Tk. 36,88,11,000.00 only in favour of our client vide Sanction Letter dated 08.02.95 to develop the land and to establish a Cement Industry thereon.
07. That subsequently upon our client’s application Chittagong Unnayan Kartripakkha issued NP Objection Certificate dated 03.08.95 and approved the Lay Out Plan and gave permission to construct vide Memo No. AO/BCC/228-96/219 dated 04.02.96 on the scheduled land.
08. That while the construction of the Cement Factory was in progress our client received your Memo No. 12/96-97-713/L.A. dated 24.05.2000 wherein you requested our client to appear with all deeds/papers/documents supporting our client’s title to the land in B. S. Dag No. 11, B. S. Khatian No. 663 in Mouza Bandar. Upon receipt of the said Memo our client for the first time came to know that you have acquired the land in B. S. Dag No. 11, B. S. Khatian No. 663 in Mouza Bandar under L. A. Case No. 12/96-97. No notice was ever served upon our client before acquisition of the land in question, although you were very much aware that our client is the owner of the land in question and Chittagong Unnayan Kartripakkha gave permission and approved plan for construction of the Cement Factory on the said land.
09. That your awareness regarding our client’s title to the land in question is evident from the Memo No. AO/BCC/228-96/259 dated 26.08.99 issued by Chittagong Unnayan Kartripakkha to you in reply to your Memo No. 12/96-97-885/LA dated 11.08.99.
10. That the alleged acquisition mentioned in your Memo No. 12/96-97-713/L.A. dated 24.05.2000 is illegal since no notice was served either under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 stating that the property is proposed to be acquired and under section 6(1) of the said Ordinance, stating that the Government has decided to acquire the property and intents to take possession thereof. Further, no notice was ever served upon our client under section 6(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 to the above effect.
11. That the alleged acquisition is illegal in as much as the same has not been done complying the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982.
12. That the alleged acquisition is illegal being violative of our client’s fundamental right guaranteed under Article 40 of the Constitution of the People’s Republic of Bangladesh.
In the premises stated above, you are requested to stop and cancel the proceedings of L. A. Case No. 12/96-97 with respect to the scheduled land of our client and intimate the compliance to us or to our clients directly within 3 (three) days of receipt of this notice. Should you fail to comply with the request within the stipulated period, we have clear instructions to initiate legal action against you under the Writ Jurisdiction of the Hon’ble High Court Division of the Supreme Court of Bangladesh.
SCHEDULE OF THE PROPERTY
All that piece and parcel of land measuring 9.85 acres situated within District Chittagong, Mouza Bandar, P.S. Shabek Anwara, Hal Bandar, R. S. Khatian No. 506, 506/1, P. S. Khatian No. 501 & 501/506/1, B. S. Khatian No. Shabek 44, 470 & 663, Hal 921, R. S. & P.S. Dag No. 2/Ka-3, 1/Ka-4, 2/Ka-6, 1/Ka-821, 1/Ka-826, 2/1252 & 1/1178, B. S. Dag No. 11, 107 & 117 along with all constructions and building constructed and to be constructed thereon together with all rights, interests, title, easements etc., attached thereto, out of the aforesaid land the land in B. S. Dag No. 11 is alleged to be acquired.
A copy of this Notice Demanding Justice is kept in our office for future reference.
Yours faithfully,
………………….
Notice Demanding Justice