Dhaka City Corporation Public Market Upabidhimala, 2003
(ঢাকা সিটি কর্পোরেশন পাবলিক মার্কেট উপ-আইনমালা)
Rule 4- Rule 4 of the said Upabidhimala relates to the manner of selection and criteria to be considered at the time of allotment of shops of Public Markets. This rule does not provide any provision for giving priority in the matter of allotment of shops to the affected persons...... Bangladesh -VS- Zaker Super Market & others, [1 LM (AD) 263]
Rule 4(1)(kha) Allotment of shops from the quota of Mayor of Dhaka City Corporation Clause 4(1)(kha) of the (ঢাকা সিটি কর্পোরেশন পাবলিক মার্কেট উপ- আইনমালা-২০০৩) Upa-Ainmala that 25% of the shops are to be reserved for allocation by the Mayor which are to be distributed amongst those persons who have made contribution to the nation or their spouse or children etc. The explanation provides that those who have contributed to the nation will include Muktijoddha and others who have made contribution in the field of industry, literature, culture, social welfare and education etc. Since shops have been reserved in the Mayor's quota, and admittedly those have not been allocated, the respondents are eligible to get allocation of shops from that reserved quota. In accordance with the relevant Rules, apart from the un-allotted shops the whole of the reserved quota of the Mayor still remains to be allotted. There is no reason why the respondent No.1 should not be allotted shops from the Mayor's quota, which would be entirely in accordance with the provisions of the Upa-Ainmala. We find no illegality or infirmity in the impugned judgement passed by the High Court Division. The appeal is dismissed without however any order as to costs. ... Dhaka City Corporation =VS= Mukti Joddha Bohumukhi Samabay Samity, [8 LM (AD) 18]
