Bangladesh Italian Marble Works Ltd, the owner of Moon Cinema Hall, has given a proposal to the government for handing over its ownership to the Muktijoddha Kalyan Trust (Freedom Fighters' Welfare Trust) upon completion of payment.
In the proposal, the company said it will hand over the properties of the cinema hall, valued at around Tk100 crore, to the Freedom Fighters' Welfare Trust upon payment of the value.
The Appellate Division bench led by Chief Justice Syed Mahmud Hossain on Sunday asked the Italian Marble Works Ltd to submit its written proposal on August 22.
Attorney General Mahbubey Alam stood for the state and Barrister Ajmalul Hossain QC stood for the petitioner.
On July 28, the Appellate Division ordered to pay the amount to Moon Cinema Hall owner by August 18 and register 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, currently 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 appropriated by the government. It was 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 later challenged.
Bangladesh Italian Marble Works Ltd filed a writ petition in 2000 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.
