The Appellate Division of the Supreme Court has ordered Bangladesh Italian Marble Works Ltd, the owner of Moon Cinema Hall, to hand over the registration of the cinema hall, and its properties to Muktijoddha Kalyan Trust (Freedom Fighters' Welfare Trust) by August 29.
The four-judge Appellate Division bench headed by Chief Justice Syed Mahmud Hossain issued the order on Sunday.
The apex court fixed August 29 for further instructions in this regard.
Attorney General Mahbubey Alam represented the state, while Barrister Ajmalul Hossain QC accompanied by Advocate Saifullah Mamun stood for Moon Cinema Hall.
Bangladesh Italian Marble Works Ltd on August 18 gave a proposal to the government for handing over its ownership to the Freedom Fighters' Welfare
Trust upon completion of payment.
Also Read - Moon Cinema Hall: Marble Works company gives proposal to govt
In the proposal, the company said it would hand over the properties of the cinema hall, valued at around Tk100 crore, to the trust upon payment of the value.
The Appellate Division asked the Italian Marble Works Ltd to submit its written proposal on August 22.
On July 28, the Appellate Division ordered to pay the amount to the owner of Moon Cinema Hall by August 18, and register the property of the cinema hall in favour of the trust.
Earlier on December 10, 2018, the Supreme Court instructed the Ministry of Liberation War Affairs to pay around Tk100 crore to the owner of Moon Cinema Hall, by June 30.
On January 18, 2018, the apex court ordered the Freedom Fighters' Welfare Trust to pay the amount to Maksudul Alam, the current managing director of Bangladesh Italian Marble Works Ltd, in three installments by July 30.
The cinema hall, located in Waizghat area of Old Dhaka, was declared abandoned during the Martial Law regime of 1975-79, and was appropriated by the government. It was then handed over to the Freedom Fighters' Welfare Trust.
The Fifth Amendment to the Constitution of Bangladesh in 1979 by Ziaur Rahman stipulated that any government appropriation of abandoned property could not be challenged later.
Bangladesh Italian Marble Works Ltd in the year 2000 filed a writ petition with the High Court challenging the Fifth Amendment.
In 2005, the High Court ruled the Fifth Amendment unconstitutional.
A government appeal in 2010, failed to change the decision, and the Freedom Fighters' Welfare Trust was asked to return the property to Bangladesh Italian Marble Works Ltd within 90 days.
The Moon Cinema Hall owner filed a contempt of court petition with the apex court on January 10, 2012, against the authorities concerned of the government, and the Freedom Fighters' Welfare Trust, for not executing its order.
Later in January 2017, the Supreme Court asked authorities to assess the value of the land and other establishments on it, which was carried out by Prof Jamilur Reza Choudhury.