বালুমহাল ও মাটি ব্যবস্থাপনা আইন, ২০১০
Sections 2(7), 3, 9, 10, 11 and 13
The Port Rules, 1966
Rule 53, 54 and 55
বালুমহাল ও মাটি ব্যবস্থাপনা বিধিমালা, ২০১১
Inland Water Transport Authority Ordinance, 1958
খনি ও খনিজ সম্পদ (নিয়ন্ত্রন ও উন্নয়ন) আইন, ১৯৯২
Realize the royalty for the alleged extraction of sand from the petitioner– For the excavation of any kind of bed of navigable waterways or removal of sand(বালু) outside the port area, the provision of ‘বালুমহাল ও মাটি ব্যবস্থাপনা আইন, ২০১০’ will be applicable, even for the purpose of proper and smooth navigation. In this regard Bangladesh Inland Water Transport Authority (BIWTA) has got no authority to deal with the matter under the Port Rules, 1966. Appellate Division has no hesitation to hold that the High Court Division has committed serious error in passing the impugned judgment and order. Before parting it is necessary to note that since 2016 the writ petitioner-respondent had extracted sand (বালু) from the mouzas in question without paying any royalty to the Government in an arbitrary manner which has already incurred a heavy financial loss to the Government. Thus, the concerned authority, in particular the Deputy Commissioner, Chandpur is directed to take necessary steps to realize the royalty for the alleged extraction of sand (বালু) from the petitioner, from the date of the judgment of the High Court Division till the date of order of stay (04.04.2022) passed by this Division. .....Ministry of Land, Bangladesh =VS= Md. Selim Khan, (Civil), 2022(1) [12 LM (AD) 282] ....View Full Judgment

Court cannot give any direction contrary to the relevant Act and Rules:
In the instant case no legal right or statutory right has been created in favour of the writ petitioner to get lease of the ‘Balumahal’ in question and the concerned authority refrains to perform its legal or statutory duty. Mere deposition of the cost for hydrographic survey by the petitioner with the approval of court ipso facto does not create any legal or vested right in his favour. The writ petitioner did not come before the court to establish any public right but only to serve his selfish ends. A writ of mandamus cannot be indulged for such a purpose. Further, Court cannot give any direction which is contrary to the relevant Act and Rules. ...Bangladesh & ors Vs. Md. Selim Khan & ors, (Civil), 18 SCOB [2023] AD 36 ....View Full Judgment

বালুমহাল ও মাটি ব্যবস্থাপনা আইন ২০১০ Section 3 Ports Act, 1908 and Ports Rules, 1966 For the excavation of any kind of bed of navigable waterways or removal of sand (বালু) outside the port area, the provision of ‘বালুমহাল ও মাটি ব্যবস্থাপনা আইন , ২০১০’ will be applicable, even for the purpose of proper and smooth navigation. In this regard Bangladesh Inland Water Transport Authority (BIWTA) has got no authority to deal with the matter under the Port Rules, 1966. ...Bangladesh & ors Vs. Md. Selim Khan & ors, (Civil), 18 SCOB [2023] AD 36 ....View Full Judgment

Constitution of Bangladesh
Article 102 and
বালুমহাল ও মাটি ব্যবস্থাপনা আইন ২০১০
Section 9
The High Court Division cannot assume the power and jurisdiction of a particular authority conferred by a specific law/statute in exercising power under Article 102 of the Constitution of the People’s Republic of Bangladesh and thus, the High Court cannot declare a particular area as "Balumahal" making a particular law i.e. Ain 2010 nugatory or redundant. Thus, in this particular case the High Court Division has traveled beyond its jurisdiction declaring the mouzas in question as "Balumahal". ...Bangladesh & ors Vs. Md. Selim Khan & ors, (Civil), 18 SCOB [2023] AD 36 ....View Full Judgment

A ‘Balumahal’ shall be leased out through open tender, and after acceptance of lease proposal, concerned Deputy Commissioner would execute lease agreement in specific manner and procedure and after receiving the lease money the possession of leased ‘Balumahal’ will be handed over to the lessor. But the High Court Division making the Ain, 2010 nugatory most illegally and arbitrarily leased out the mouzas in questions to the writ petitioner for extracting sand. The High Court Division, in fact, had played the role of the lessor, which it cannot do. ...Bangladesh & ors Vs. Md. Selim Khan & ors, (Civil), 18 SCOB [2023] AD 36 ....View Full Judgment