Bangladesh Abandoned Property (Land, Building and other Properties) Rules 1972
Rule 8(2)
Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972
Article 15
Specific Relief Act, 1877
Section 42
The Government is very much bound by its promise to sell the property in favour of the plaintiff— The plaintiff possession and occupation of the suit premises for more than 18 years and since he accepted the offer to purchase the suit property as per valuation determined by abandoned property authority a right had been created in his favour which could not be taken away by the defendants— The High Court Division has elaborately dealt with the proposition of law involved in the facts and circumstances of the case i.e., the promissory estoppel and since the Government has taken a decision that the suit land would be sold to the plaintiff on a price fixed by it, equity and natural justice, as well demands that the plaintiff is not deprived of the suit property and that the Government is very much bound by its promise to sell the property in favour of the plaintiff and it can not full back and also can not say that the suit property would be put to auction.
Rule 8(2) of the Bangladesh Abandoned Property (Land, Building and other Property) Rules, 1972 though provides for sale of the property to the highest bidder in the open market but the said provision is only applicable in case of rejection under Article 15 of P.O. No.16 of 1972. The High Court Division has also affirmed and found that the suit is also maintainable under section 42 of the Specific Relief Act as the plaintiff admittedly has been in possession of the suit building. .....Government of Bangladesh =VS= A.S.M. Firoj Uddin Bhuiyan, (Civil), 2025(2) [19 LM (AD) 396] ....View Full Judgment