Lease deed- The Management/ Executive Committee of the Orphanage had no authority to deal with the land other than for the purpose stipulated in the indentures- We are of the view that the lease deeds, Annexure-'A' series are short term leases incorporating specific terms and conditions, breach of which would result in the land reverting to the Government. The Management/Executive Committee of the Orphanage had no authority to deal with the land other than for the purpose stipulated in the indentures. Those persons at the helm of the affairs of the Orphanage could not arrogate to themselves the authority to transfer the title in the property, which they themselves did not have. The Orphanage was given the property on a short term lease, which was apparent from the lease deeds. As long as these lease deeds existed and as long as the terms were not altered by the executant of the deeds none had the authority to deal with the land other than the purpose for which the lease was granted. The agreements entered into between respondent Nos.15 and 17 and respondent No.16 as well as the power of attorney are, therefore, illegal and void ab initio and of no legal effect. We do not find any illegality or impropriety in the impugned judgement and order of the High Court Division. The Civil Petition for Leave to Appeal No.133 of 2017 is dismissed. Consequently, the Civil Petition for Leave to Appeal Nos.530 of 2017 and 633 of 2017 are also accordingly dismissed. ...Mir Showkat Ali VS= Morsalin Khan(Md.), [6 LM (AD) 245]
Lease cancelled on the allegation of failure to make any construction in the disputed plot- We have already held that the People's Jute Mills Ltd. has accepted the judgment and order of the Writ Petition No.137 of 1996, it has been decided that disputed property is abandoned property. It is also admitted that the original allottee People's Jute Mills Ltd. did not make any construction in the disputed land before its dispossession inasmuch as lease was cancelled after 24 years of allotment.
The People's Jute Mills Ltd. has not yet prayed any relief against subsequent lease deeds executed in favour of added respondents and also it did not make any prayer for recovery of possession of the disputed land though admittedly it was dispossessed in 1992. The appeal is dismissed. ... Khalishpur Jute Mills Ltd =VS Rajdhani Unnayan Kartipakkha, [7 LM (AD) 123]
Lease: Permission for chopping down 2096 standing trees in Jhemai Tea Estate- The agreement of lease between the Government and the writ petitioner provides for extension of tea garden on the lease hold land may be permitted to cut down the trees subject to certain terms and conditions- The agreement of lease between the Government and the writ petitioner provides a clause for extension/ expansion of tea garden on the lease hold land. Moreover, tea is one of our exportable item earning foreign currency as well as fulfilling the local demand of tea, which is increasing day by day. Moreover, tea gardens with shed trees are also greeneries and such gardens are also causing emission of oxygen in the atmosphere and absorbing CO₂. Tea gardens also take active part in the photosynthesis process. Therefore, for the purpose of sustainable development as well as to protect the environment, Writ Respondent No.7 may be permitted to cut down the trees for which permission has been given to it by the concerned authorities subject to certain terms and conditions as mentioned hereinafter: (1) Immature trees cannot be cut down.
(2) Before cutting down each trees, two saplings are to be planted in suitable places of Jhemai Punjee area.
(3) After nourishing newly planted saplings for at least three years, the leave respondent No.7 would be entitled to chop down old and matured trees only from Jhemai Punjee under the supervision of the Local Officials of the Department of Environment and the Department of Forest.... Rana Surong VS Government of Bangladesh, [7 LM (AD) 139]
