PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 10380 of 2007
Date of filing: 2007/12/05
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Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Md Hafez Farazi
  3. Nur Mia
  4. Eunus Mia
  5. Murteja Begum
  6. Shahid
  7. Shahid Mia
  8. Mizan Mia
  9. Eunus Hawladar
  10. Shahidullah
  11. Fajrure Rahman
  12. Moslem Ali
  13. Elahi Mia
  14. Ayub Hossain
  15. A Khalek Khan
  16. MdMahiuddin
  17. Anowara Begum
  18. Fatema Begum
  19. Salam Hawladar
  20. Anisur Rahman
  21. Abu Siddik
  22. Md Shattar Mia
  23. Md Shahjahan Mullah
  24. Lal Mia
  25. Motaleb Mia
  26. Jashim Uddin Hawlader
  27. Ismail Hossain
  28. A Latif Chakaria
  29. Shamsuddin Hawlader
  30. Moklesur Rahman
  31. Md Sentu
  32. Sultan Bepari
  33. Md Belal Hossain
  34. Md MahiuddinGaji
  35. Md Hatem Ali
  36. Siddika Begum
  37. Mrs Jahanara
Respondents
  1. Secretary, Ministry of Housing and Public Works
  2. Secretary, Ministry of Land
  3. Secretary, Ministry of Home Affairs
  4. Mayor, Dhaka City Corporation
  5. Chief Executive, Dhaka City Corporation
  6. Inspector General of Police, Ramna, Dhaka
  7. Deputy Commissioner, Dhaka
  8. Commissioner, Dhaka Metropolitan Police
  9. Chief Metropolitan Magistrate
  10. Deputy Commissioner in Charge and Deputy Director, National Housing Authority
Facts

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).

Rule/Order/Judgment
Date: 05/12/2007


Details

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.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice ShahidulIsalm



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Shelter,
Access to Justice
Keywords
Kachukhet Basti Eviction Case
Relevant statute

Constitution, Articles 31, 32 and 15;

Government Land and Properties (Recovery of Possession) Ordinance, 1970





Case Number: Writ Petition No. 10380 of 2007
Date of filing: 2007/12/05

Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Md Hafez Farazi
  3. Nur Mia
  4. Eunus Mia
  5. Murteja Begum
  6. Shahid
  7. Shahid Mia
  8. Mizan Mia
  9. Eunus Hawladar
  10. Shahidullah
  11. Fajrure Rahman
  12. Moslem Ali
  13. Elahi Mia
  14. Ayub Hossain
  15. A Khalek Khan
  16. MdMahiuddin
  17. Anowara Begum
  18. Fatema Begum
  19. Salam Hawladar
  20. Anisur Rahman
  21. Abu Siddik
  22. Md Shattar Mia
  23. Md Shahjahan Mullah
  24. Lal Mia
  25. Motaleb Mia
  26. Jashim Uddin Hawlader
  27. Ismail Hossain
  28. A Latif Chakaria
  29. Shamsuddin Hawlader
  30. Moklesur Rahman
  31. Md Sentu
  32. Sultan Bepari
  33. Md Belal Hossain
  34. Md MahiuddinGaji
  35. Md Hatem Ali
  36. Siddika Begum
  37. Mrs Jahanara
Respondents
  1. Secretary, Ministry of Housing and Public Works
  2. Secretary, Ministry of Land
  3. Secretary, Ministry of Home Affairs
  4. Mayor, Dhaka City Corporation
  5. Chief Executive, Dhaka City Corporation
  6. Inspector General of Police, Ramna, Dhaka
  7. Deputy Commissioner, Dhaka
  8. Commissioner, Dhaka Metropolitan Police
  9. Chief Metropolitan Magistrate
  10. Deputy Commissioner in Charge and Deputy Director, National Housing Authority
Facts

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).


Rule/Order/Judgment
Date: 05/12/2007:
Details

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.

Justices

Mr. Justice Syed Mahmud Hossain,  

Mr. Justice ShahidulIsalm



Reference

Area of law
Equality,  Shelter,  Access to Justice

Keywords
Kachukhet Basti Eviction Case

Relevant statute

Constitution, Articles 31, 32 and 15;

Government Land and Properties (Recovery of Possession) Ordinance, 1970


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