Disputed Dhanmondi-2 house belongs to the government: SC

The Appellate Division of the Supreme Court has upheld a High Court ruling, saying the abandoned house in Dhanmondi Road-2, claimed to be owned by journalist Abed Khan and S Nehal Ahmed, belongs to the government.

A three-member SC bench headed by Chief Justice Hasan Foez Siddiqui passed the ruling on Monday dismissing S Nehal Ahmed's leave to appeal that claimed the ownership of the property worth around Tk300-crore, challenging an HC order that overturned the decision given by the First Court of Settlement in 1992.

In 1992, the Court of Settlement in Dhaka rejected a case filed by Abed Khan to exclude his father's house in Dhanmondi from the list of abandoned properties.

After the final hearing of two separate writs filed over the ownership of the house, the HC cancelled the judgement of the Court of Settlement on 21 November last year. Then, Nehal Ahmed filed a leave to appeal petition this year against this verdict.

According to the state, the Bangladesh government declared the property abandoned in 1972 after the then-owner of the property left the house. Later, Abed Khan and nine members of his family filed a case in the Court of Settlement in 1989 claiming ownership of the property as inheritance.

After the Court of Settlement's 1992 order, Abed Khan filed a writ with the HC in 2015 challenging the validity of listing the house as an abandoned property.

On the other hand, S Nehal Ahmed in 1996 filed a case in the Court of Settlement claiming ownership of the same property where he presented an application filed in 1987 in this regard. In this case, a judgement dated 16 July 1997 stated that the house could be removed from the list of abandoned properties and that Nehal Ahmed could get possession of the house.

The Ministry of Housing and Public Works filed a writ in 2018 on behalf of the government challenging the validity of the judgement.

After a joint hearing on the separate writs filed by Abed Khan and the government, the HC gave its verdict on 21 November last year. In its judgement, the decision given by the Settlement Court in favour of Nehal was cancelled and Abed Khan's writ was dismissed (rule discharge).

Deputy Attorney General Kazi Mainul Hasan told The Business Standard that the property is on one-bigha land, including the house which is now in government possession as an abandoned property.

Abed Khan said that the then East Pakistani government based on a registrar lease deed allocated the house in favour of his father Abdul Hakim Khan on 11 November 1957.

The house was declared abandoned on 23 September 1986 after purchasers left the country in 1972.

Three government officials are now residing in the house.