HC can't assume jurisdiction of authority: SC

The apex court rules that the High Court cannot assume the power and jurisdiction of a particular authority conferred by a specific law or statute in exercising power under article 102 of the Constitution.
A three-member bench of the Appellate Division of the Supreme Court (SC), headed by Chief Justice Hasan Foez Siddique, passed the ruling in a verdict recently.
It was delivered after hearing a leave-to-appeal petition filed by land ministry against an HC order.
In the full text of the verdict, the SC observes that the HC in exercising power under article 102 cannot declare a particular area as 'balumahal'.
It says the deputy commissioner (DC) of the district concerned has been empowered to declare a certain area as 'balumahal' subject to fulfillment of certain conditions with the approval of the divisional commissioner concerned.
However, the HC Division without considering the provision of 'the Balumahal and Mati Babosthapona Ain-2010' treated the dubochars of Meghna riverbed under different mouzas in question as 'balumahal' and directed government officials to allow writ petitioner Md Selim Khan to extract sand from those mouzas, reads the full verdict posted on the SC website.
The court says the law provides that a 'balumahal' shall be leased out through an open tender, and after acceptance of a lease proposal, the DC concerned will execute an agreement in specific manner and procedure.
After receiving the lease money, the possession of leased 'balumahal' will be handed over to the lessor.
But the HC Division making the law nugatory most illegally and arbitrarily leased out the mouzas in questions to the petitioner for extracting sand.
The HC Division, in fact, had played the role of the lessor, which it cannot do, cites the apex court.
Mr Khan, chairman of Lokkhipur Model Union Parishad under Chandpur Sadar upazila, in 2015 filed a writ seeking directions for sand extraction after conducting a hydrographic survey in the Meghna at his own cost in 21 mouzas of Chandpur and Himchar upazials.
The writ was filed mentioning to activate a route for water transport.
The HC issued a rule on 09 July 2015 primarily hearing the writ.
On 05 April 2018, it delivered a verdict, saying that there was sufficient sand and soil in the river and thus no bar to extract sand from there.
Feeling aggrieved by and dissatisfied with that judgment, the ministry filed this leave petition.
After hearing the leave petition, the SC set aside the HC order and directed the Chandpur DC to take necessary steps to realise the royalty for the alleged extraction of sand from Mr Khan.
The royalty should be realised from the date of the judgment of the HC Division until the date of the stay order (04 April 2022) passed by itself.
The SC found conduct of the law officers concerned highly suspicious and expressed dissatisfaction with the conduct of the negligent government officials concerned of the Chandpur district administration.
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