Review- We have given our anxious consideration to the facts and circumstances of the case and we are of the view that the ends of justice would be best served if the appeal filed by the Government before the High Court Division is heard on merit. The order dated 12.06.2016 is set aside after reviewing the same. The judgment and order dated 21.04.2013 passed by the High Court Division is set aside and the delay of 643 days in preferring the appeal before the High Court Division is condoned. The High Court Division is directed to register F. A. T. No.571 of 2012 as First Appeal and to dispose of the same in accordance with law. ....Government of Bangladesh =VS= Samsuddin Monir Khan, [6 LM (AD) 141]
Review- The decisions and steps taken for protection of the villages from the erosion of the river Meghna are totally executive decisions of the Government. The policy decision of the Government may be interfered with only when the same is illegal or unconstitutional The decisions and steps taken for protection of the villages from the erosion of the river Meghna are totally executive decisions of the Government. The policy decision of the Government may be interfered with only when the same is illegal or unconstitutional or shockingly arbitrary in the wednesbury sense. It is the duty of the policy maker to decide how a village would be protected from erosion of a river and what would be the acceptable proposal for embankment works and what would be the proper way of implementation of proposal of embankment considering the financial capacity of the Government.
The instant case, in fact, the High Court Division, ignoring constitutional limitation directed the executive to sanction money instead of wheat for protection of the above mentioned villages from erosion of the river Megna. Our considered view is that the impugned judgment and order passed by the High Court Division was unlawful. The review petition is disposed of.... Ministry of Finance, Bangladesh VS Salim Khan (Md.). [7 LM (AD) 236)
