A Dhaka court granted bail to Noor Ali, Managing Director (MD) of Unique Group, and his wife Salina Ali in a case filed over alleged fraudulence. The defendant appeared before the Chief Metropolitan Magistrate's court in Dhaka on Tuesday morning and sought bail. Dhaka's Additional Chief Metropolitan Magistrate Asaduzzaman Noor on Tuesday granted their bail plea.
Former president of Dhaka Bar Association Advocate Gazi Shah Alam and Advocate Abu Taleb represented the accused while Advocate Farukur Rahman opposed the bail plea at the court. After hearing arguments from both the parties the court granted the accused bail until further hearing in the matter. Lawyer for the accused Shah Alam Talukder during the hearing told the court that the plaintiff filed the case to hide his own fault.
He said that the plaintiff took possession of the flat but did not register the floor on due time. He said that there are other floor owners in the building who took registration on time and took possession of their flats and floors. The lawyer said that this case has been filed to harass his clients and mentioned that the bail seekers are honorable personalities and renowned businessmen. Earlier on November 30, the same court issued arrest warrants against Noor Ali and his wife Salina Ali in the case over charge of fraud and embezzlement.
On November 30 this year, the same court issued an arrest warrant against the accused following prayers from the plaintiff. Noor Ali's lawyer Advocate Md Abu Taleb claimed that the allegations of fraud and embezzlement brought against his client are false and baseless. The plaintiff in his case statement alleged that he bought a commercial space at the 13th floor of a 20-storied building from the accused in the capital's New Eskaton area and paid around Tk 2.93 crore. He alleged that Borak Real Estate — owned by the accused —handed over the floor space to him on 25th November, 2015 but did not register it in his name. Apart from this, the accused forged papers in order to hide the real owner and keep possession of the land on which the building stands. The plaintiff claimed that Borak had failed to pay land development taxes and this is why they could not give any registered paper to the plaintiff, he claimed. Advocate Md.
Abu Taleb claimed that the allegations of fraud and embezzlement brought against his clients are baseless and nothing of that sort occurred in reality. He said that his client didn’t resort to any fraud in dealing with the plaintiff and there was no confusion over the ownership of the land on which Unique Heights stands. Abu Taleb also said the land of the Unique Heights is non-agricultural and khaas mahaal land. Dr Basit in 1956 took the lease of the land for 30 years on condition of renewal. Meanwhile, on October 17, 1985 land ministry issued a circular nulling the necessity of renewal of such khaas land. Dr Basit, who is without any heir or children, gave the land to his nephew Mohammad Iqram through power of attorney on March 7, 1988. Iqram then did the mutation and cleared all the taxes. On 1st June, 2000 he applied to the Deputy Commissioner seeking the information whether he will have to renew the land registration. In reply to the quarry, Deputy Collector (Revenue) wrote that the land doesn’t need any further renewal. On the basis of the above documents, Noor Ali as the Managing Director of Borak Real Estate, on August 1, 2002, signed a treaty with Ikram and appointed Am-Moktar (power of attorney) to build a multi-storey building on the land. Later, on the basis of the agreement and power of attorney, he constructed a 20-storey building with the proper approval of RAJUK and other authorities concerned.
On June 7, 2005 land ministry nulled the earlier order regarding the renewal of lease issued on 17th October 1985. As a result, tax collection and mutation of the lands in the city’s New Eskaton, Kakrail, Segunbagicha, Paltan and Purana Paltan stopped. So, Mohammad Iqram requested Assistant Commissioner of Land for Ramna Zone to receive tax as per 29th November, 2017. Besides, June 7, 2005 order was challenged in High Court seeking order on tax receiving. After hearing in the writ High Court in a verdict on 29th May 2018 asked the Land Secretary, DC of Dhaka, Assistant Commissioner of Land for Ramna Zone and others concerned to receive tax. Despite an appeal against the above order (order no 2000/2019) the appellate division did not stay the order. As a result, Noor Ali in favour of land owner Iqram requested the defendants of the writ to receive land rents. But land taxes and rents were not received by the defendants and therefore a contempt of court case (no 473/2019) was filed with the High Court division in this regard. On 15th October last year, land officials later appeared at the court and filed a time plea.
The case is still under proceeding and amid this Noor Ali was served an arbitration notice by the plaintiff Selim over registration of the floor. The plaintiff was informed that the registration will be complete once the land development tax is paid following HC directive. But on the 24th of February the plaintiff filed a case against Noor Ali concealing the issue of the arbitration notice.
Later PIB were asked to investigate the case. PBI wanted to know about a letter issued to Iqram by Dhaka District Commissioner dated November 2, 2000, that said there was no need for a renewal of the land lease. A reply to this query was sent to inspector of police Md Moktaruzzaman on the first of August last year by the DC office. Despite this the investigation officer submitted a report that lacked information on SC and HC rule in writs filed over the dispute and over a case for contempt of court. Therefore, there is no evidence of fraud and forgery as claimed by the plaintiff in this regard. All these were informed to the court on Tuesday and later the court granted the bail to Noor Ali, said his lawyer.
