The petitioners challenged the notice dated on 31.10.2007 issued by the Deputy Commissioner in Charge and Deputy Director of the National Housing Authority, directing eviction of the inhabitants of Kachukhet Basti, Mirpur, Dhaka alleging that they were in illegal possession of open space. The eviction was without any prior notice as required by law, and without any alternative rehabilitation or resettlement.
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
The Honourable High Court Division issued a Rule and directed that pending hearing of the Rule, the parties must maintain the status-quo in respect of the subject matter, i.e. the Basti.
Mr. Justice Syed Mahmud Hossain
Mr. Justice Shahidul Islam
Articles 31, 32, 15, and 102 of the Constitution;
Section 5(1) of The Bangladesh Government Land and Properties (Recovery of Possession) Ordinance, 1970;
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1996;
International Covenant on Civil and Political Rights, 1966;
Convention on The Elimination of All Forms of Discrimination Against Women, 1979;
The petitioners challenged the notice dated on 31.10.2007 issued by the Deputy Commissioner in Charge and Deputy Director of the National Housing Authority, directing eviction of the inhabitants of Kachukhet Basti, Mirpur, Dhaka alleging that they were in illegal possession of open space. The eviction was without any prior notice as required by law, and without any alternative rehabilitation or resettlement.
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
The Honourable High Court Division issued a Rule and directed that pending hearing of the Rule, the parties must maintain the status-quo in respect of the subject matter, i.e. the Basti.
Mr. Justice Syed Mahmud Hossain ,
Mr. Justice Shahidul Islam ,
Articles 31, 32, 15, and 102 of the Constitution;
Section 5(1) of The Bangladesh Government Land and Properties (Recovery of Possession) Ordinance, 1970;
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1996;
International Covenant on Civil and Political Rights, 1966;
Convention on The Elimination of All Forms of Discrimination Against Women, 1979;