Full text of verdict released
The High Court, in the full text of a verdict, has observed that the acquisition, holding, transfer, and distribution of property, as well as changing its class, are fundamental rights of every citizen.
At the same time, the court suggested that the authorities concerned establish an "Islands Development Authority" to properly protect, preserve, maintain, and develop the country's islands. It also advised the Jatiya Sangsad to formulate the Island Development Act to establish the authority under the Ministry of Land.
The HC also recommended the JS to quickly pass the "Agricultural Land Protection and Land Use Act, 2016" to ensure the best use of agricultural lands, maintaining their environments, and continuing food crop production while keeping the class or nature of the land protected.
"The Jatiya Sangsad has been advised to pass the Agricultural Land Protection and Land Use Act, 2016 as soon as possible. The parliament has also been recommended to speedily enact the Islands Developments Act for the formation of a separate authority titled 'Islands Development Authority' under the ministry of land for our country by closely imitating and harmonizing the laws enacted by Japan and Finland," the HC bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil said in the 15-page full text of judgement released recently.
The HC bench directed the Supreme Court Registrar General to send a copy of the judgement to the JS Speaker and all the relevant ministers through email in order to take necessary steps.
In this judgement, the HC declared illegal the notice issued by the Naogaon land office on January 31, 2019, asking one Mizanur Rahman to stop digging a pond on his land.
The bench delivered the verdict on June 2, 2022, following a writ petition filed by Mizanur challenging the legality of the notice.
The HC judges, in the full text of the verdict, observed that according to Article 42(1) of the Constitution, the acquisition, holding, transfer, and distribution of property in any way, as well as the change of its class, is the fundamental right of every citizen.
"Only by the law made by the parliament can impose restrictions and control the acquisition, holding, transfer, distribution of land and the change of its class. This is the meaning of Article 42(1) of the Constitution. So, it can be said unequivocally that acquisition, holding, transfer of property and its distribution in any way and change of its class is a fundamental right given by the constitution to every citizen of Bangladesh. In no way, the acquisition, holding, transfer and distribution of land and change of its class can be hindered," the HC bench said.
