PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 1694 of 2000
Date of filing: 2004/04/03
Print


Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Sultana F. Nahar, Advocate
3. ShammyaBratee (Minor)

Respondents

1. Secretary, Ministry of Environment and Forests
2. Secretary, Ministry of Health and Family Welfare
3. Secretary, Ministry of Communication
4. Secretary, Ministry of Home Affairs
5. Secretary, Ministry of Energy and Mineral Resources
6. Director General, Department of Environment (DoE)
7. Bangladesh Auto Rickshaw Workers Union
8. Dhaka Metropolitan Auto Rickshaw Business Owners Association
9. Bangladesh Petroleum Corporation
10. Bangladesh Road Transport Authority
11. Police Commissioner, DMP
12. The City Corporation
13. Inspector General of Police
14. Deputy Commissioner

Facts

BLAST, on behalf of two minor petitioners, filed a writ petition challenging the plying of three wheelers operating with two-stroke engines in Dhaka, as it contributed to environmental hazards in Dhaka and affected the health of children and elderly people in particular by emissions of high levels of pollution. They relied on an agreement signed in 1997 by the Dhaka City Auto Rickshaw Business Owners Association, the Bangladesh Road Transport Authority and the Ministry of Communications to the effect that three wheelers older than nine years would not operate within Dhaka and would not be sold in other Metropolitan areas, and alleged that there had been no effective implementation of this Agreement.

Rule/Order/Judgment
Date: 27/03/2002


Details
The High Court gave judgment and passed an order directing the Government to phase out all three wheelers with two-stroke engines from Dhaka within 2002 and to replace them with clean transport alternatives. The Government’s petition for leave to appeal against the said order was rejected by the Appellate Division on 27.03.2002 in Civil Petition for Leave to Appeal No. 749 of 2002.
Justices
Mr. Justice M.M. Ruhul Amin
Mr. Justice Khademul Islam Chowdhury

Database Last Updated on: 2017-02-12 15:26:45
Reference
22 BLD (HCD) 245
Area of law
Environment,
Health
Keywords
Pollution
Relevant statute

Constitution, Articles 31, 32, 102(1) (2); Environment Conservation Act 1995; The Motor Vehicle Ordinance 1983; Dhaka Metropolitan Police Ordinance, 1976





Case Number: Writ Petition No. 1694 of 2000
Date of filing: 2004/04/03

Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Sultana F. Nahar, Advocate
3. ShammyaBratee (Minor)

Respondents

1. Secretary, Ministry of Environment and Forests
2. Secretary, Ministry of Health and Family Welfare
3. Secretary, Ministry of Communication
4. Secretary, Ministry of Home Affairs
5. Secretary, Ministry of Energy and Mineral Resources
6. Director General, Department of Environment (DoE)
7. Bangladesh Auto Rickshaw Workers Union
8. Dhaka Metropolitan Auto Rickshaw Business Owners Association
9. Bangladesh Petroleum Corporation
10. Bangladesh Road Transport Authority
11. Police Commissioner, DMP
12. The City Corporation
13. Inspector General of Police
14. Deputy Commissioner

Facts

BLAST, on behalf of two minor petitioners, filed a writ petition challenging the plying of three wheelers operating with two-stroke engines in Dhaka, as it contributed to environmental hazards in Dhaka and affected the health of children and elderly people in particular by emissions of high levels of pollution. They relied on an agreement signed in 1997 by the Dhaka City Auto Rickshaw Business Owners Association, the Bangladesh Road Transport Authority and the Ministry of Communications to the effect that three wheelers older than nine years would not operate within Dhaka and would not be sold in other Metropolitan areas, and alleged that there had been no effective implementation of this Agreement.


Rule/Order/Judgment
Date: 27/03/2002:
Details
The High Court gave judgment and passed an order directing the Government to phase out all three wheelers with two-stroke engines from Dhaka within 2002 and to replace them with clean transport alternatives. The Government’s petition for leave to appeal against the said order was rejected by the Appellate Division on 27.03.2002 in Civil Petition for Leave to Appeal No. 749 of 2002.
Justices
Mr. Justice M.M. Ruhul Amin,   Mr. Justice Khademul Islam Chowdhury


Reference
22 BLD (HCD) 245

Area of law
Environment,  Health

Keywords
Pollution

Relevant statute

Constitution, Articles 31, 32, 102(1) (2); Environment Conservation Act 1995; The Motor Vehicle Ordinance 1983; Dhaka Metropolitan Police Ordinance, 1976


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/judgement/wp1694.pdf