PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No 2245 of 2015
Date of filing: 2015/03/08
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Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Water Resources
  4. Secretary, Ministry of Agriculture
  5. Secretary, Ministry of LGRD and Co-operative Division
  6. Chairman, National River Protection Commission
  7. Director General, Department of Environment
  8. Director General, Bangladesh Water Development Board
  9. Chief Conservator, Department of Forest
  10. Chief Engineer, LGED
  11. Deputy Commissioner, Chittagong
  12. Superintendent of Police, Chittagong
  13. Director, Department of Environment
  14. Divisional Forest Officer, Chittagong
  15. Superintendent Engineer, LGED
  16. Chairman, LohagaraUpazilla, Chittagong
  17. UpazillaNirbahi Officer, LohagaraUpazilla, Chittagong
  18. Assistant Commissioner (Land), LohagaraUpazilla, Chittagong
  19. Upazilla Engineer, LohagaraUpazilla, Chittagong
  20. Chairman, Chunoti Union Parisad, LohagaraUpazilla, Chittagong
  21. Chairman, Putibila Union Parisad, LohagaraUpazilla, Chittagong
Facts

Several numbers of Balumohal at Sorai Khal and Dolu Khal were being leased out to local influential for at least the last ten years, and exploited by the lessees in violation of the lease agreements and conditions and much to the suffering of the local people and derogation of local environment.  

Rule/Order/Judgment
Date: 07/04/2015


Details

The High Court issued a Rule Nisi on the respondents to show cause as to why the alleged illegal and unauthorised extraction of sands from 5 balumahals at LohagaraUpazilla of Chittagong should not be declared to have been issued and taken without lawful authority and of no legal effect, and why the respondents should not be directed to exclude the 5 balumohals, and obtain mandatory assessment and clearance, why they should not be directed to protect ‘Sorai’ and ‘Dolu’ Khals. Pending hearing of the Rule, the respondents by an order of injunction for 3 months.

Justices

Mr. Justice Mirza Hussain Haider

Mr. Justice BhabaniPrasad Singha



Date: 24/08/2015


Details

Injunction was extended on 24.08.2015 for 6 months from date of expiry on 08.07.2015.

Justices

Mr. Justice Mirza Hussain Haider

Mr Justice AKM Zahirul Haque



Date: 06/01/2016


Details

Injunction was extended for 6 months from 06.01.2016.

Justices

Mr Justice Syed Dastagir Hussain

Mr Justice Syed AKM Shahidul Huq



Date: 08/06/2016


Details

Injunction was extended for 6 months from 08.06.2016 and will expire on 08.12.2016.

 

Justices

Mr Justice Obaidul Hassan

Mr Justice Krishna Debnath



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Life,
Accountability and Institutional Reform
Keywords
‘Sand extraction, Lohagara’ case
Relevant statute

Constitution, Articles 18A, 31,32 and 42;

Forest Act, 1927;

Bangladesh Environmental Conservation, 1995;

Environmental Conservation Rules, 1997;

Bangladesh Water Development Act, 2000;

বালুমহাল ও মাটি ব্যবস্থাপনা আইন, ২০১০;

জাতীয় নদী রক্ষা কমিশন আইন, ২০১৩;

Bangladesh Water Act, 2013;

Local government (Union Parisad) Act, 2009;

UpazillaParishad Ordinance, 1983;

Land Management Manual, 1990





Case Number: Writ Petition No 2245 of 2015
Date of filing: 2015/03/08

Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Water Resources
  4. Secretary, Ministry of Agriculture
  5. Secretary, Ministry of LGRD and Co-operative Division
  6. Chairman, National River Protection Commission
  7. Director General, Department of Environment
  8. Director General, Bangladesh Water Development Board
  9. Chief Conservator, Department of Forest
  10. Chief Engineer, LGED
  11. Deputy Commissioner, Chittagong
  12. Superintendent of Police, Chittagong
  13. Director, Department of Environment
  14. Divisional Forest Officer, Chittagong
  15. Superintendent Engineer, LGED
  16. Chairman, LohagaraUpazilla, Chittagong
  17. UpazillaNirbahi Officer, LohagaraUpazilla, Chittagong
  18. Assistant Commissioner (Land), LohagaraUpazilla, Chittagong
  19. Upazilla Engineer, LohagaraUpazilla, Chittagong
  20. Chairman, Chunoti Union Parisad, LohagaraUpazilla, Chittagong
  21. Chairman, Putibila Union Parisad, LohagaraUpazilla, Chittagong
Facts

Several numbers of Balumohal at Sorai Khal and Dolu Khal were being leased out to local influential for at least the last ten years, and exploited by the lessees in violation of the lease agreements and conditions and much to the suffering of the local people and derogation of local environment.  


Rule/Order/Judgment
Date: 07/04/2015:
Details

The High Court issued a Rule Nisi on the respondents to show cause as to why the alleged illegal and unauthorised extraction of sands from 5 balumahals at LohagaraUpazilla of Chittagong should not be declared to have been issued and taken without lawful authority and of no legal effect, and why the respondents should not be directed to exclude the 5 balumohals, and obtain mandatory assessment and clearance, why they should not be directed to protect ‘Sorai’ and ‘Dolu’ Khals. Pending hearing of the Rule, the respondents by an order of injunction for 3 months.

Justices

Mr. Justice Mirza Hussain Haider,  

Mr. Justice BhabaniPrasad Singha


Date: 24/08/2015:
Details

Injunction was extended on 24.08.2015 for 6 months from date of expiry on 08.07.2015.

Justices

Mr. Justice Mirza Hussain Haider,  

Mr Justice AKM Zahirul Haque


Date: 06/01/2016:
Details

Injunction was extended for 6 months from 06.01.2016.

Justices

Mr Justice Syed Dastagir Hussain,  

Mr Justice Syed AKM Shahidul Huq


Date: 08/06/2016:
Details

Injunction was extended for 6 months from 08.06.2016 and will expire on 08.12.2016.

 

Justices

Mr Justice Obaidul Hassan,  

Mr Justice Krishna Debnath



Reference

Area of law
Environment,  Life,  Accountability and Institutional Reform

Keywords
‘Sand extraction, Lohagara’ case

Relevant statute

Constitution, Articles 18A, 31,32 and 42;

Forest Act, 1927;

Bangladesh Environmental Conservation, 1995;

Environmental Conservation Rules, 1997;

Bangladesh Water Development Act, 2000;

বালুমহাল ও মাটি ব্যবস্থাপনা আইন, ২০১০;

জাতীয় নদী রক্ষা কমিশন আইন, ২০১৩;

Bangladesh Water Act, 2013;

Local government (Union Parisad) Act, 2009;

UpazillaParishad Ordinance, 1983;

Land Management Manual, 1990


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Database Last Updated on: 2017-02-12 15:26:45