Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 978 Thu. March 01, 2007  
   
Front Page


Lease, sale of govt land without tender declared illegal


The High Court (HC) yesterday declared unlawful any lease, sale or transfer of government land to any person merely on applications without following a transparent process like tender or auction.

The court asked the government to follow the order and convey it to all the ministries.

Disposing of a writ petition, a division bench comprising Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui passed the order.

Lawyers termed it a landmark judgment as many government lands were leased out or handed over to the vested interest groups and individuals in obscure processes.

In its order, the court said since the government lands are being leased out or transferred to individuals on mere applications and the process is not transparent, it denies the people's open participation in it and thereby harms the public interest.

According to the writ petition, Syed Salahuddin Ahmed obtained the lease of a land measuring 27 decimals owned by the ministry of communications at Mohakhali in the city for five years to set up a petrol pump and a service centre on an application for an annual premium of Tk 27,000.

In 1992, the lease was extended for 10 years with an annual premium of Tk. 54,000. But the lease was cancelled in 1993 by the authorities for not setting up the petrol pump. However, the order was stayed within a fortnight.

Later, Salahuddin applied for converting the petrol pump into a CNG filling station. The government made an inquiry and endorsed his application. Consequently, Salahuddin secured a licence of CNG filling station from the Compressed Natural Gas Authority.

When the matter was pending with the communications ministry in May 2003, the government leased out the land for setting up a CNG filling station to Faridur Rahman Khan for 15 years.

Aggrieved Salahuddin then moved to the High Court to have the government actions overturned. However, the land is still in possession of Salahuddin.

Advocate Ozair Farook with Sheikh Mohammad Morshed, SM Masud Hossain and Mohmmad Sakhawat Hossain appeared for Salahuddin while Deputy AG Zaman Akhtar Bulbul stood for the government.