All cases related to vested property will be tried in special tribunal: HC

The High Court (HC) today dismissed a writ challenging the validity of three sections of the Transfer of Vested Property Act. In the verdict, the court said the three sections are not contrary to the Constitution and fundamental rights.

"Sections 9, 13 and 14 of the Vested Property Act-2001 are not contrary to fundamental rights. Any case related to the property vested in accordance with the law will be tried in the special tribunal. All cases pending in all other courts shall be deemed to be cancelled. The vested property will be under the jurisdiction of the Deputy Commissioner and the Deputy Commissioner may grant lease if necessary," said the HC bench of Justice Naima Haider, Justice Sahidul Karim and Justice SM Quddus Zaman on Thursday (8 June). 

As a result of the judgment, all vested property cases will henceforth be tried in the Special Vested Property Tribunal. All cases pending in other courts regarding the vested property will be dismissed.

In 2012, Shyamal Kumar Roy, Singa Roy and Moshiar Rahman from Chattogram filed separate writs in the High Court challenging three sections of the Vested Property Act.

The writ also challenged the validity of whether the District Commissioners could lease out the vested property.

Later, in the final hearing of the writ, if legal clarification is required, the Chief Justice constituted a bench of three members. Following this, the High Court dismissed the two writs after the final hearing on Thursday.

Advocate Kamrul Haque Siddiqui represented the writ petitioners in the court. Senior lawyer Advocate Manzil Morsed appeared for the Ministry of Lands. Deputy Attorney General Amit Dasgupta appeared for the state.

"Two writs were filed challenging three sections 9, 13 and 14 of the Transfer of Property Act, 2001. After hearing that writ, the HC bench discharged the ruling," Manzil Morsed told reporters.