PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No.2760 of 2008
Date of filing: 2008/04/06
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Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST);

2.Md. Bellal;

3.Mollah Md. Nurul Islam

Respondents
  1. Secretary, Housing and Public Works;
  2. Secretary, Ministry of Land;
  3. Secretary, Ministry of Home Affairs;
  4. Secretary, Ministry of Industry;
  5. General Manager, Bangladesh ShilpaRinSangstha;
  6. Mayor, Dhaka City Corporation;
  7. Deputy Commissioner, Dhaka District;
  8. Additional District Magistrate, Dhaka;
  9. Nazmunnahar Manu, Executive Magistrate, Dhaka Collectoriate;
  10. Inspector General of Police;
  11. Police Commissioner, Dhaka Metropolitan Police;
  12. Deputy Police Commissioner (Mirpur Section), DMP;
  13. Officer-in-Charge, Shaha Ali Police Station, DMP, Dhaka
Facts

BLAST, along with the residents of Jhilpara Slum, filed a writ petition in the High Court on 06.04.2008 challenging a notice dated 19.03.2008 and issued by the Executive Magistrate directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on plea of illegal occupation.

Rule/Order/Judgment
Date: 07/04/2008


Details

The High Court stayed the operation of the notice on 07.04.2008 and issued a Rule Nisi on the respondents directing them to show cause as to why the threat of eviction without providing for alternative rehabilitation 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.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed



Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link
Area of law
Equality,
Livelihood,
Shelter,
Discrimination
Keywords
Jhilpara Slum Eviction Case
Relevant statute

Constitution, Articles 15, 31, 32;

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

International Convention on Economic, Social and Cultural Rights (IC ESCR)





Case Number: Writ Petition No.2760 of 2008
Date of filing: 2008/04/06

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST);

2.Md. Bellal;

3.Mollah Md. Nurul Islam

Respondents
  1. Secretary, Housing and Public Works;
  2. Secretary, Ministry of Land;
  3. Secretary, Ministry of Home Affairs;
  4. Secretary, Ministry of Industry;
  5. General Manager, Bangladesh ShilpaRinSangstha;
  6. Mayor, Dhaka City Corporation;
  7. Deputy Commissioner, Dhaka District;
  8. Additional District Magistrate, Dhaka;
  9. Nazmunnahar Manu, Executive Magistrate, Dhaka Collectoriate;
  10. Inspector General of Police;
  11. Police Commissioner, Dhaka Metropolitan Police;
  12. Deputy Police Commissioner (Mirpur Section), DMP;
  13. Officer-in-Charge, Shaha Ali Police Station, DMP, Dhaka
Facts

BLAST, along with the residents of Jhilpara Slum, filed a writ petition in the High Court on 06.04.2008 challenging a notice dated 19.03.2008 and issued by the Executive Magistrate directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on plea of illegal occupation.


Rule/Order/Judgment
Date: 07/04/2008:
Details

The High Court stayed the operation of the notice on 07.04.2008 and issued a Rule Nisi on the respondents directing them to show cause as to why the threat of eviction without providing for alternative rehabilitation 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.

Justices

Mr. Justice Syed Mahmud Hossain,  

Mr. Justice Farid Ahmed



Reference

Area of law
Equality,  Livelihood,  Shelter,  Discrimination

Keywords
Jhilpara Slum Eviction Case

Relevant statute

Constitution, Articles 15, 31, 32;

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

International Convention on Economic, Social and Cultural Rights (IC ESCR)


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/278ca-writ-petition-no-2760-of-2008.pdf




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