Notice Demanding Justice 17

Mr. Z

Address….

Dear Sir,

 

RE:     NOTICE DEMANDING JUSTICE.

We act for Mrs. A, Mr. x, Mr. y, Mr. A and Mr. B, all of …………………… Our clients have instructed us to serve this legal notice upon you as follows:

01.              That our client Mrs. A purchased the land measuring 56 decimals at ……………. fully described in the schedule below (hereinafter refereed to as the Scheduled Property). Since then Mrs. A has been enjoying exclusive possession of the land aforesaid without any let or hindrance from any quarter whatsoever upon payment of rents and taxes to the concerned authorities after mutating her name with the Records of Rights of the Government vide Mutation and Separation Case No. ……………..dated 23.06.83.

02.              That thereafter Mrs. A, during the enjoyment of her exclusive possession of the Scheduled Property gifted part of the Scheduled Property being 44 decimals out of the total 56 decimals by way of Hiba to her sons Mr. X, Mr. Y, Mr. A and Mr. B (11 decimals each) on 01.01.90 and confirmed/affirmed the said Hiba vide Affidavit dated 05.12.91 sworn in front of the 1st Class Magistrate, Dhaka. Thus our clients have become the owners of the Scheduled Property and have been in peaceful possession of the Scheduled Property without any let or hindrance from any quarter whatsoever upon payment of rents and taxes to the concerned authorities after mutating their names with the Records of Rights of the Government vide Mutation and Separation Case Nos. …………..,   all  dated 02.01.92.

03.              That in 1996 RAJUK tried to evict the landowners of the vicinity of the Scheduled Land on the allegation that the said lands were acquired by RAJUK under L. A. Case No. …………. whereupon the landowners filed several Writ Petitions including Writ Petition Nos. ……………. all of 1996 in the High Court Division of the Supreme Court of Bangladesh challenging the legality of such eviction. In all the said Writ Petitions the High Court Division vide its judgement and order dated 27.06.2001 gave finding that the proceedings of L. A. Case No. ……………. has not yet been completed. The High Court Division also held that the petitioners of the aforesaid Writ Petitioners must either be given an alternative Plot or be given compensation according to the present market value. The High Court Division also directed RAJUK to take all possible steps to complete proceedings of the L. A. Case in question, preferably within six months and till then not to disturb the petitioners of the aforesaid Writ Petitions of their peaceful possession.

04.              That irrespective of the judgement and order of the High Court Division RAJUK tried to evict the landowners of the vicinity of the Scheduled Property. RAJUK also evicted some of the landowners from their lands. Consequent upon such eviction activities of RAJUK the concerned landowners filed several Writ Petitions in the High Court Division of the Supreme Court of Bangladesh.

05.              That almost two years have elapsed from the aforesaid judgement and order dated 27.06.2001 of the High Court Division, RAJUK has not complied with the said judgement and order of the High Court Division and thereby has neither given an alternative Plot nor the compensation according to the present market value to the said Writ Petitioners, rather RAJUK in violation of the aforesaid judgement and order of the High Court Division is disturbing not only the said Writ Petitioners but also the other landowners of the locality of their peaceful possession.

06.              That since our clients are lawful owners in possession of the Scheduled Property, in terms of the findings of the High Court Division in the aforesaid Writ Petitions our clients are entitled either alternative Plot or compensation according to the present market value. But despite repeated requests (both verbal and written) of our clients RAJUK has neither given an alternative Plot nor the compensation according to the present market value to our clients, rather RAJUK is disturbing our clients of their peaceful possession by earth-filling in and around the Scheduled Property of our clients.

SCHEDULE OF THE PROPERTY

All that piece and parcel of land measuring 57 decimals within the District Dhaka, P.S. Gulshan, Mouza Bhatara, Shabek Khatian No. 205, Hal Khatian No. 224, Sabek Mutation Khatian Nos. 224/13, Hal Mutation Khatian Nos. 224(Part)/15-1, 224(Part)-15/2, 224(Part)-15/3, 224(Part)-15/4, Dag No. 753, butted and bounded by:

On the North    :           Land of

On the South    :           Land of

On the East      :           Land of

On the West     :           Land of

In the premises stated above you are requested either to give alternative Plot or compensation according to the present market value to our clients with regard to the Scheduled Property of our clients and in the meantime not to disturb/stop disturbing our clients of their peaceful possession by earth-filling in and around the Scheduled Property of our clients and/or in any other manner and communicate compliance thereof to us or to our clients within 7 (seven) days of receipt of this notice. Should you fail to comply with the request, our clients will be compelled to seek necessary relief against you from the High Court Division of the Supreme Court of Bangladesh in its Writ Jurisdiction.

A copy of this notice is kept in our office for future reference.
 

Yours faithfully
 

………………….

For: “The Lawyers & Jurists”