PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ petition No. 3055 of 2012
Date of filing: 2012/03/15
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Petitioners

1. Sree Shukhdeb Mujumder

2. Md. Atiar Rahman Biswas

3. Md. Ayub Ali

4. Habibur Rahman

5. Md. Soleman Mollah

6. Md. Hasan Mollah

7. Md. Jarif Hossain

8. Md. Amzad Hossain

9. Md. Billal Hossain

10. Golam Rasul

Respondents

1. Bangladesh represented by the Secretary, Ministry of Land, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S Ramna, Dhaka.

2. The Secretary, Ministry of Fisheries and Livestock, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S Ramna, Dhaka.

3. The Deputy Commissioner, Jessore.

4. The Additional Deputy Commissioner, (Rev), Jessore.

5. Assistant Commissioner of Land, Kotwali, Jessore.

Facts

The writ petition was filed for seeking the direction which will be given upon the respondents not to lease out "Bhairab River" which is using from time immemorial by thousands of Public at large residing both sides of the bank of bhairab River as government Khas land marked Yellow in the sketch map situated in Mouza No. 228 Kaikhali, C.S and S.A Khatian No. 1, C.S Plot No. 525/972, 01, 768, 961/974, 826/973 Bhairab Nadi of land measuring 128 acres, which will be against the public policy and public interest and will create environment pollution, also seriously detrimental and prejudicial to the interest of the public at large of the said area.

Rule/Order/Judgment
Date: 21/03/2012


Details

Rule Nisi isued calling upon the respondents to show cause as to why a direction shall not be issued upon respondents not to lease out the " Bhairab River" which is used by the public as khas land from time immemorial situated in Mouza 228 Kaikhali, C.S and S.A Khatian No. 1, C.S Plot No. 525/972, 01, 768, 961/974, 826/973 Bhairab Nadi of land measuring 128 acres, which will be against the public policy and public interest and will create environment pollution, also seriously detrimental and prejudicial to the interest of the public at large of the said area .

Pending hearing of the Rule, the parties are directed to maintain status quo in respect of possession and position of the disputed Jalmohal for a period of 03 (three) months from date.

Justices

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Jahangir Hossain



Date: 27/05/2012


Details

An application for addition of party as respondent no. 16 (District Fishery Officer) and 17(Thana (Upazila) Fishery Officer) in the writ petition was submitted .


Date: 19/06/2012


Details

The order of status - quo granted earlier by this court be extended for a further period of 06 (six) months.

Justices

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Jahangir Hossain



Date: 23/07/2013


Details

The order of status-quo granted earlier by this court be extended for a period of 03 (three) months from date and the matter be posted to the list for hearing 28.07.2013.

Justices

Mr. Justice Quazi Reza-Ul Hoque

A.B.M. Altaf Hossain



Date: 25/07/2013


Details

After being heard the submission upon the Civil Miscellaneous Petition (CMP) No. 713 of 2013  the Hon'ble Appellate Division of Supreme Court passed an order of stay operation of the order dated 23.07.2013 passed in Writ Petition No. 3055 of 2012 for a period of 08 (eight) weeks.


Database Last Updated on: 2018-09-10 03:22:07
Area of law
Environment,
Livelihood,
Health,
Life
Keywords
Environment Pollution
Relevant statute

1. Article  31, 32, 102 of the Constitution of the People's  Republic of Bangladesh.

2. The Embankment and Drainage Act, 1952

3. The Environment Protection Act, 1995





Case Number: Writ petition No. 3055 of 2012
Date of filing: 2012/03/15

Petitioners

1. Sree Shukhdeb Mujumder

2. Md. Atiar Rahman Biswas

3. Md. Ayub Ali

4. Habibur Rahman

5. Md. Soleman Mollah

6. Md. Hasan Mollah

7. Md. Jarif Hossain

8. Md. Amzad Hossain

9. Md. Billal Hossain

10. Golam Rasul

Respondents

1. Bangladesh represented by the Secretary, Ministry of Land, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S Ramna, Dhaka.

2. The Secretary, Ministry of Fisheries and Livestock, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S Ramna, Dhaka.

3. The Deputy Commissioner, Jessore.

4. The Additional Deputy Commissioner, (Rev), Jessore.

5. Assistant Commissioner of Land, Kotwali, Jessore.

Facts

The writ petition was filed for seeking the direction which will be given upon the respondents not to lease out "Bhairab River" which is using from time immemorial by thousands of Public at large residing both sides of the bank of bhairab River as government Khas land marked Yellow in the sketch map situated in Mouza No. 228 Kaikhali, C.S and S.A Khatian No. 1, C.S Plot No. 525/972, 01, 768, 961/974, 826/973 Bhairab Nadi of land measuring 128 acres, which will be against the public policy and public interest and will create environment pollution, also seriously detrimental and prejudicial to the interest of the public at large of the said area.


Rule/Order/Judgment
Date: 21/03/2012:
Details

Rule Nisi isued calling upon the respondents to show cause as to why a direction shall not be issued upon respondents not to lease out the " Bhairab River" which is used by the public as khas land from time immemorial situated in Mouza 228 Kaikhali, C.S and S.A Khatian No. 1, C.S Plot No. 525/972, 01, 768, 961/974, 826/973 Bhairab Nadi of land measuring 128 acres, which will be against the public policy and public interest and will create environment pollution, also seriously detrimental and prejudicial to the interest of the public at large of the said area .

Pending hearing of the Rule, the parties are directed to maintain status quo in respect of possession and position of the disputed Jalmohal for a period of 03 (three) months from date.

Justices

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Jahangir Hossain


Date: 27/05/2012:
Details

An application for addition of party as respondent no. 16 (District Fishery Officer) and 17(Thana (Upazila) Fishery Officer) in the writ petition was submitted .

Justices

Date: 19/06/2012:
Details

The order of status - quo granted earlier by this court be extended for a further period of 06 (six) months.

Justices

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Jahangir Hossain


Date: 23/07/2013:
Details

The order of status-quo granted earlier by this court be extended for a period of 03 (three) months from date and the matter be posted to the list for hearing 28.07.2013.

Justices

Mr. Justice Quazi Reza-Ul Hoque

A.B.M. Altaf Hossain


Date: 25/07/2013:
Details

After being heard the submission upon the Civil Miscellaneous Petition (CMP) No. 713 of 2013  the Hon'ble Appellate Division of Supreme Court passed an order of stay operation of the order dated 23.07.2013 passed in Writ Petition No. 3055 of 2012 for a period of 08 (eight) weeks.

Justices


Reference

Area of law
Environment,  Livelihood,  Health,  Life

Keywords
Environment Pollution

Relevant statute

1. Article  31, 32, 102 of the Constitution of the People's  Republic of Bangladesh.

2. The Embankment and Drainage Act, 1952

3. The Environment Protection Act, 1995


Related Proceedings
Database Last Updated on: 2018-09-10 03:22:07
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/6a348-writ-petition-no-3055-of-2012.pdf