Purpose of serving notice prior to the institution of the suit under section 49 of the Chittagong Port Ordinance, 1976:
Service of notice under Section 49 thereof prior to institution of any suit against the Chattogram Port authority has been incorporated for its smooth functioning and discharging its regular routine activities. Another purpose of such notice is to save public time and litigants’ expenditure in the cases where any person aggrieved serves notice upon the port authority and the authority by itself addresses his grievance realizing the right course of action before going to the court. In such view of the matter, if a person already institutes a suit under whatever notion and the summon with a copy of the plaint is served upon the port authority, the purpose of notice under Section 49 of the Ordinance would be sufficiently served inasmuch as no alternative remedy is provided in the Ordinance for dissolving any land dispute between the Port Authority and a private individual. ...Chattogram Port Authority Vs. Md. Mehedi Hasan, (Civil), 17 SCOB [2023] HCD 34 ....View Full Judgment