Appellate Division to rule on leave to appeal tomorrow against NCT handover verdict
Earlier, on 29 January, a single bench of the HC’s third bench delivered a verdict dismissing the rule
The Appellate Division of the Supreme Court has fixed tomorrow for passing an order on a leave to appeal against a High Court verdict that dismissed a rule questioning the legality of the process to hand over the management of the New Mooring Container Terminal (NCT) at Chattogram Port to a foreign company.
The order was passed today (11 March) following a hearing before the Appellate Division led by Chief Justice Syed Refaat Ahmed.
The dispute centres on the plan to hand over the operation of the New Mooring Container Terminal to DP World under a public-private partnership arrangement.
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An MoU to this effect was signed on 17 February 2019.
Bangladesh Youth Economists Forum President Mirza Walid Hossain filed the writ last year, questioning the legality of the ongoing process between the Chattogram Port Authority and the UAE-based operator.
After a preliminary hearing, the High Court issued a rule on 30 July last year.
On 4 December, a division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered a split verdict.
Justice Fatema Najib declared the contract process illegal, citing violations of the PPP Act 2015 and the government-to-government policy of 2017, while Justice Fatema Anwar dismissed the writ.
The matter was subsequently sent to a single bench for final disposal.
On 29 January, the single bench dismissed the rule, effectively clearing the legal hurdles to proceed with the deal.
State lawyers later said the ruling had removed all legal barriers to the Chattogram Port Authority signing the contract.
However, a leave to appeal against the High Court verdict was accepted on 3 February, making the matter sub judice, creating a legal bar on signing the NCT deal until the appeal is resolved.
