PROTEST AGAINST MALAFIDE, ILLEGAL REPORTING AND PUBLISHING THE SAME IN THE FRONT PAGE OF THE DAILY STAR ON FRIDAY THE 7TH DAY OF JULY 2017.
(which is a Subjudice matter and issue before the Honourable High Court Division of the Supreme Court of Bangladesh and as such also contemptuous;Subjudice Matter:-1)
Writ Petition No. 212 of 2011 filed by Uttaran Grihayon Samabaya Samity Limited against Office orders Vide Notice No.Pa/Ao. Moni-o-enforce: Uttaran Grihayan Samabaya Samity Limited) 173/ 2010/ 107 dated 2.1.2011 purportedly issued by the Director (Monitoring and Enforcement), Environment Directorate, Government of the People’s Republic of Bangladesh, ‘Environment Bhaban’ E-16, Agargaon Sher-E-Banglanager Dhaka, imposing fine/penalty to the Tune of TK.2,88,36,000/- to be paid within 5.01.2011 and further directing to stop all kinds of works/ development/ construction etc and to dismantle and remove all kinds of materials from the project side; and another Memo No. Pa/Ao. Moni-o-enfo: Uttaran Grihayan Samabay Samity Ltd) 173/ 2010/ 200 dated 3.1.2011 purportedly issued by the Director (Monitoring and Enforcement), Environment directorate, ‘Environment Bhaban’ E-16, Agargaon Sher-E-Banglanager Dhaka, asking the Executive Engineer, (Sales and Distribution) Power Development Board, Cox’sBazar, to disconnect all Electricity line/connection in the Housing Project of the Uttaran Grihayan Samabaya Samity Ltd) immediately;
Secondly-
2) Writ Petition being No. 8794 of 2014 filed by Bangladesh Environmental Lawyers Association (BELA) as Petitioner-VS- Government of the Peoples Republic of Bangladesh and others including the President of Uttaran Grihayan Samabaya Samity Limited as Respondents Styling the same as Public Interest Litigation;
Thirdly-
3) Criminal Miscellaneous Case No. 32922 of 2011 now pending in the Honourable High Court Division arising out of the Paribesh case No. 2 of 2011, arising out of Cox’sBazar Model Police station Case No. 12 dated 05.01.2011 under Section 4(2), 6(kha) and 12 read with table 1,6,12 under section 15 of the Bangladesh Environment Protection Act, 1995, as amended up to 2010, the Honourable High Court Division Bench having been satisfied issued a Rule and stayed all further proceedings of the said case.
We, Uttaran Grihayon Samabaya Samity Limited have observed the captioned News Item published in the front page of the Daily STAR on FRIDAY, 7th July 2017 with Gigantic Photographs at first page and Second page which is misrepresentation and with ulterior motive, obviously in collusion with any interested quarter; we are denying the entire story that you have demonstrated in your widely circulated daily; at the very outset it is stated that the photo as published in the daily STAR on 7th July, 2017 styling as “the recent photo shows illegally built structures on Uttaran Greehayan Samity” that has flattened hills and chopped down thousand of trees in Kolatoli of Cox’sBazar town for its housing estate without department of Environment’s and deputy commissioners approval’ is false fabricated and a misrepresentation.
We are giving the actual facts, picture, context and situation for your information and necessary actions-
a) that it is stated that the housing project of Uttaran Grihayon Samabaya Samity Limited is not on Hill but Hill is around the Uttaran Grihayon Samabaya Samity Limited Uttaran samity
b) That it is stated that the housing project of Uttaran Grihayon Samabaya Samity Limited is not on Hill but Hill is around the Uttaran Grihayon Samabaya Samity Limited (herein after referred to as “Samity”) is a Primary Co-operative Society established in 1986, registered being Registration No. 37-Cox dated 04.11.1986, is a body corporate with perpetual succession and a common seal having power to hold property to enter into contract to institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted. The Samity have its own bye-laws since its establishment with up to date amendments registered/approved under the Co-operative Societies Ordinance, 1984 Ordinance No. 1 of 1985 and Rules 1987 made there under and now governed by and under the Co-operative Societies Act 2001, and the Rules 2004, made there under, along with its bye laws.
c) that the management of the Samity under its bye-laws approved by the Register of the Co-operative Societies up to date is vested in a 12 members committee consists of a Chairman, a vice-Chairman and a secretary, and 9 directors/members being duly elected for every three years by the general members by direct election as prescribed by laws and in this regard it is stated that since its establishment the managing committee of the Samity is consists of 12 members and there was no nominated members either by the Government or by the Register; it will be pertinent to mention here that on 13.09.2014 a election of the managing committee has been held and a 12 Members Committee having been elected as the Petitioner as its President.
d) that it is stated that all kind of inspection inquiry and audit concerning the Co-operative Society is vested to the Registrar under the Co-operative Societies Act, 2001, and the Rules 2004, made there under and the meeting and election of the Samity is being conducted by the Managing committee and its general members under its bye-laws.
e) that it is stated that the Uttaran Grihayon Samabaya Samity Limited is one of the big society of Bangladesh in the private housing field, having more than 1000 of members, checkered history and background; some of the pioneer members took initiative and established the Uttaran Grihayon Samabaya Samity Limited, which has been duly registered in the office of the Registrar of Co-operative Societies bearing Registration no. 37 of 1986; that by now there are 1088 members of the samity and out of them about 690 Members have got possession of their plots.
f) that it is stated that considering an application for lease the Deputy Commissioner, Cox’sBazar opened a lease case No. 28/87-88 and after proper and due inquiry, he sent the record of the said Lease Case to the Government i.e. to the Ministry of Land Vide memo No. 1390 SA/ dated 29.9.1988 and the respondent No.1 having been satisfied leased out 25 acres of land from Mouza- Zhilongjah, BS Plot No. 17131 and 10 acres of land in BS Plot No. 17172, total land 35 acres, upon salami of TK.22,91,870/- in favour of the petitioner Samity by order dated 18.01.1989.
g) That the Samity paid salami of TK.22,91,870/- and as terms of the aforesaid lease order and entered into Contract/agreement on 10.9.1989 for a period of 30 years for the purpose of Housing accommodation. The lease is followed by aregistered deed of Contract/ agreement No. 2287 dated 10.9.1989 and letter of handing over possession dated 14.05.1990.
h) That the petitioners Samity after taking lease developed the land by earth filing and cutting and approved a plan from the Deputy Commissioner, Cox’sBazar vide his office Memo No. 1660/SA dated 8.8.2001 and allotted the plots to its Members; the approval of the layout plan approved by the Deputy Commissioner dated 08.08.2001 and a hand sketch map showing situation of 35 acres lease and other lands acquired by the petitioners samity and a members list of plots allotted in favour of them were submitted to the concerned authorities and authorities having been satisfied approved the same; the reports to the effect that there is no approval by the deputy commissioner is false and fabricated;
i) that it is stated that the Director of the Environment directorate issued a Notice to show cause upon the petitioner samity by a Memo dated 11.7.2007 to show cause as to why legal action shall not be taken and after receiving the notice the petitioner Samity submitted a reply on 29.7.2007; it is stated that the Senior Chemist of the Environment directorate after due enquiry submitted his report before the Environment directorate on 2.10.2007.
j) that it is stated that the in the meeting of the District Law and order situation dated 29.9.2010 it was decided that there should be thorough inquiry and as such a 4(four) members committee was constituted headed by Additional District Magistrate and this committee after filed inquiry submitted its report on 29.9.2010; and recently a Notice dated 10.08.2014 was issued by the authority to petitioner samity for an inquiry directed by the Ministry of Land and the said inquiry has been under taken at the instance of the Ministry of Land Vide Memo No.31.00.0000.042.067.14.388 dated 11.5.2014 and pursuant to that the Deputy Commissioner, Cox’sBazar issued a Memo No.05.20.2200.128.32.465.14-771 dated 03.08.2014 upon which a three member committee was constituted and they made a filed inquiry and submitted the same on 27.08.2014 and forwarded the same Vide memo No.782 dated 03.09.2014.
k) that it is stated that the Samity purchased 29.10 acres of land for value in and around the project area from various private persons by 31 registered deeds; the Samity also acquired 3.52 acres of land by 26 exchange deeds; the land measuring 23.65 acres are in the process of acquisition by the Samity and in this way total piece land 91.27 acres has been acquired by the Samity and is in peaceful possession; the Samity mutated its name and khatian has been prepared in the name of the Samity and paying rent to the concerned authority and since 1986 the Samity is in possession of the land within the knowledge of the government and concerned others; it may be mention here that by this time the Samity allotted plot of various size to its 690 members in Block-A members- 100, Block-B-183 and in Block-C 407 members total land measuring 54.83 acres; and the members allotte took over possession and constructed boundary wall, semi pucca building etc;
l) that mentioning in the published reports that “150 acres of Hilly land flattened, a dozen structures build illegally” is untrue, false and fabricated.
m) that it is stated that the Samity by this time established Scholl Namely Uttaran Model Scholl and College financed by the facilities department of the LGED in which there are 1000 of students who are members of the poor and distressed families around Uttaran Samity; there is a Jame Masjid, one office complex, proposed Cox’sBazar Private University, post office, Bank and other various establishment on a piece of land measuring 1.1980 acres and from the sate of establishment the Samity invested more than TK.15,30,74,986.14 taka in its Housing Project, details of which will be evident from the audit report 2012-13.
n) that it is stated that in the year 1990 Vide Memo No. Bhu:Ma/sha/-8/Khajaba/292/88/874 dated 16.10.1990 the Ministry of land cancelled the lease as referred by the writ petitioner in the writ petition as at annexure-D, on an unfounded grounds and the petitioner Samity filed writ petition No. 34 of 1991 and obtained a Rule and stay order; eventually after hearing the Rule has been made absolute by Judgment and order dated 11.08.1999.
o) that it is stated that in the aforesaid facts and circumstances the respondent paribesh department most illegally issued two office orders Vide Notice No.Pa/Ao. Moni-o-enforce: Uttaran Grihayan Samabaya Samity Limited) 173/ 2010/ 107 dated 02.01.2011 purportedly issued by the Director (Monitoring and Enforcement), Environment directorate, Government of the People’s Republic of Bangladesh, Agargaon Sher-E-Banglanager Dhaka, imposing fine/penalty to the Tune of TK.2,88,36,000/- to be paid within 05.01.2011 and further directing to stop all kinds of works/ development/construction etc and to dismantle and remove all kinds of materials from the project side and also issued another Memo No. Pa/Ao.Moni-o-enfo:Uttaran Griha Sama Samity Ltd) 173/ 2010/ 200 dated 3.1.2011 purportedly issued by the Director (Monitoring and Enforcement), Environment directorate, ‘Environment Bhaban’ E-16, Agargaon Sher-E-Banglanager Dhaka, asking the Executive Engineer, (Sales and Distribution) Power Development Board, Cox’sBazar, to disconnect all Electricity line/connection in the Housing Project of the Uttaran Grihayan Samabaya Samity Ltd) immediately; and being aggrieved by the said impugned memos the petitioner Samity filed writ petition No. 212 of 2011 before the Honourable High Court Division and a Division Bench having been satisfied issued a Rule Nisi and Stay order by order dated 05.01.2011 and time to time extended the stay order lastly extended till disposal of the Rule by order dated 14.07.2014; that at the same time on the self same issue the paribesh department, Cox’sBazar lodged a FIR being Paribesh Case No. 2 of 2011 against the office bearers of the managing committee of the petitioners Samity and against which the accused persons after obtaining bail filed an application under section 561A of the CRPC being Criminal Miscellaneous Case No. 32922 of 2011 and a division bench having been satisfied issued a Rule and stayed all further proceedings for 6 months by order dated 13.11.2011 and time to time extended the stay order lastly extended for a further period of 3 (three) months by order dated 11.07.2017.
p) that it is stated that there are certificates issued by the environment directorate long before in 2007 and the government lawfully leased out its land for housing accommodation and in the meantime the Samity allotted about 700 of plots comprising an area of 55 acres to its members by registered deeds and they are in possession of the said plots and after taking over possession they have constructed boundary wall, semi pucca structures, etc and mutated their names and paying rent and thus possessing the land peacefully.
q) that it is submitted that it will be evident from the facts that in 1989 government leased out 35 acres of land for housing accommodation and the petitioner Samity after taking over possession in 1990 developed the land by earth cutting and filling and as such allegations of hill cutting/razing does not arise at all.
r) the Uttran authority rather planted about 3 lacs trees in the entire area of the housing project of the samity and allegations of hill cutting/razing is a belie; question does not arise at all.
s) That in the aforesaid facts and circumstances it is submitted that the Matter in issue directly and substantially in issue relating to the Housing project of Uttaran Grihayon Samabaya Samity Limited is now pending before the Honourable High Court Division in the above mentioned writ petition and Criminal Miscellaneous Case and as such the news item published in the Daily STAR on 7th July, 2017 in respect of Uttaran Grihayon Samabaya Samity, Cox’sBazar has been reported and published most illegally, with ulterior motive which is tainted with malafide and without any lawful authority.
Farid Ahmed
Secretary
Uttaran Grihayan Samabay Samity Ltd.
Baitushraf Complex Bhaban (2nd floor) Baitushraf Complex
Cox’sBazar
