BLAST filed a writ petition in the High Court on 05.12.2007 challenging a notice dated 31.10.2007 issued by the Deputy Commissioner in Charge and Deputy Director of the National Housing Authority, directing eviction of the Petitioners Nos. 2-37 and all other inhabitants of KachukhetBasti, Mirpur, Dhaka alleging that they were in illegal possession of open space.
The petitioners claimed that forced eviction of slum dwellers without any prior notice as required by law, and without any alternative rehabilitation or resettlement, constitutes a violation of the right to life, including the right to shelter, guaranteed by Articles 31 and 32, read with Article 15 of the Constitution. The petitioners also referred to the state’s obligations to ensure the right to shelter under the International Covenant on Economic Social and Cultural Rights (ICESCR).
The High Court issued a Rule Nisi on the respondents, directing them to show cause as to why the threat of eviction should not be declared to be without lawful authority and unconstitutional, being in violation of the fundamental rights of the slum dwellers to life and to be treated in accordance with law. The Court also stayed the operation of the eviction notice.
Mr. Justice Syed Mahmud Hossain
Mr. Justice ShahidulIsalm
Constitution, Articles 31, 32 and 15;
Government Land and Properties (Recovery of Possession) Ordinance, 1970
BLAST filed a writ petition in the High Court on 05.12.2007 challenging a notice dated 31.10.2007 issued by the Deputy Commissioner in Charge and Deputy Director of the National Housing Authority, directing eviction of the Petitioners Nos. 2-37 and all other inhabitants of KachukhetBasti, Mirpur, Dhaka alleging that they were in illegal possession of open space.
The petitioners claimed that forced eviction of slum dwellers without any prior notice as required by law, and without any alternative rehabilitation or resettlement, constitutes a violation of the right to life, including the right to shelter, guaranteed by Articles 31 and 32, read with Article 15 of the Constitution. The petitioners also referred to the state’s obligations to ensure the right to shelter under the International Covenant on Economic Social and Cultural Rights (ICESCR).
The High Court issued a Rule Nisi on the respondents, directing them to show cause as to why the threat of eviction should not be declared to be without lawful authority and unconstitutional, being in violation of the fundamental rights of the slum dwellers to life and to be treated in accordance with law. The Court also stayed the operation of the eviction notice.
Mr. Justice Syed Mahmud Hossain,
Mr. Justice ShahidulIsalm
Constitution, Articles 31, 32 and 15;
Government Land and Properties (Recovery of Possession) Ordinance, 1970