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The secretary of the Ministry of Lands has been ordered to submit an affidavit within 90 days after receiving the copy of the full published verdict on the matter.
Judge Moinul Islam Chowdhury and Judge Md. Issued a brief verdict on July 25 last year declaring a rule in this regard as appropriate. Ashraful Kamal High Court Bench. The full judgment, recently posted on the Supreme Court’s website, contains detailed instructions.
The verdict review said that in the long 15 years from 2004 to last year, the failure of the Land Ministry to establish an appeal court has plunged millions of people into “extreme and unlimited misery.”
“Where the Father of the Nation has fought all his life to bring free justice to ordinary people, where the Father of the Nation has taken over a war-torn country and enacted important laws like the Constitution in 9 months, No Notifying Patar is an extreme failure of the minister and the secretary of the Ministry of Lands in question. “
The court said the government would implement its own law in a timely and appropriate manner, which is “everyone’s wish.”
“The common people, for whom he has suffered for 15 long years, must be held accountable and stand outside the people.”
“One of the main objectives of the state will be to establish a socialist society free of exploitation in a democratic way, where the rule of law, basic human rights and political, economic and social equality, freedom and justice for all citizens are guaranteed. “said the ruling.
“According to Article 7 (1) of the Constitution, the people have all power in this country. The Ministry of Lands has been harassing the owner and the people for 15 years since 2004.”
The verdict review said ministers and secretaries who have been in charge of the Land Ministry were asked to apologize for not being able to form an appeals court for 15 years.
It has been said that for the past 15 years, the Land Ministry has been ‘depriving’ people of their rights of their legal right to lodge an appeal in the Court of Appeal. As a result, people’s basic rights are being violated and people are being deprived of justice.
“The ministers and secretaries of the Ministry of Lands have treated the people in an inhumane, cruel and unforgivable way without appointing an appeals court judge.
“Immediately, the current minister and secretary will take the necessary measures on behalf of the people with a written explanation from all responsible ministers and secretaries.”
Leaving the case pending (Continuous Mendamas), the court said in its sentencing order: “The rule, which was issued spontaneously in the general discussion-review, deserves to be finalized. Therefore, the rule is ordered to be finalized free of charge any.
“The Secretary of the Ministry of Lands was ordered to constitute a Surveying Appeal Tribunal within 90 days after receiving a copy of this judgment and order and to inform the court by executing an affidavit accordingly.”
Section 2 of the State Acquisition and Leasing Act (Amended) 2004 provides for the formation of a Survey Court and a Survey Appeal Court.
In accordance with the law, land surveying courts have also been created in the country, headed by judicial officers at the joint level of district judges. But despite the law, so far no land registry appeal court has been formed in the country.
As a result, thousands of candidates have to go to the higher court, aggrieved by the verdicts, decrees and orders of the Survey Court.
During the hearing of such an order petition in 2015, the Superior Court determined that there is no Surveying Appeal Court in the country. Subsequently, on March 3 of that year, Judge Moinul Islam Chowdhury and Judge Md. Banco of the Ashraful Kamal High Court.
The rule seeks to know why the secretary of lands and the secretary of law will not be instructed to form the required number of surveying appeal courts in the country to hear appeals from the aggrieved parties in the judgment, decree and order of the court of surveying.
After a lengthy hearing, the court issued a short verdict on July 25 of last year. The full 11-page verdict was recently posted on the Supreme Court’s website.
The verdict was written by Judge Md. Ashraful Kamal; Judge Moinul Islam Chowdhury agreed.
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