PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: WP no. 4644 of 2021
Date of filing: 2021/05/09
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Petitioners

Bangladesh Environmental Lawyers Association (BELA) 

Bangladesh Legal Aid & ServicesTrust (BLAST)

Nijera Kori

Association for Land Reforms and Development (ALRD)

Ain o Shalish Kendra (ASK)

Bangladesh Poribesh Andolon (BAPA)

Architect Mubasshar Hussain

Respondents

The Secretary, Ministry of Liberation War Affairs,

The Secretary, Ministry of Housing and Public Works

The Dhaka City Corporation (South)

The Secretary, Ministry of Environment, Forest and Climate Change

The Chief Engineer, Department of Public Works

The Director General, Department of Environment

The Chairman, Rajdhani Unnayan Kartipakhya (RAJUK)

The Chief Conservator of Forest

Facts

Dhaka Metropolitan Development Plan has identified Suharawardi Udyan as one of Dhaka’s interlinked central-parks which is accessible to the general public. Considering its importance from the historical, cultural and scenic appeal, the Master Plan has described the said Udyan as a “precious legacy.” Such recognition of the Udyan has come from the fact that this is the place from where activities integral to the Language Movement and the war of liberation gained definite momentum. It is from this Udyan that the historic speech of 7th March, 1971 was given by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

The petitioners filed this writ petition when it has been widely reported in many leading media quoting some of the respondents that the trees were being felled as part of the project titled "Suhrawardi uddyane Shadhinota Stombho Nirman (3rd Phase)”. Such tree felling for commercial purposes and for purposes not related to the memorialization of particular historical sites is completely unnecessary, unauthorized and the same is negatively affecting the nature and ecology of the Udyan and also violative to the constitution.

Rule/Order/Judgment
Date: 20/05/2021


Details

Adjouned for 4 weeks based on plea of the Attorney General (AG)  who submittd that meanwhile the authority concerned of the respective ministry has suspended the further process of felling old, mature trees situated in the historic Suhrawardi Udyan with a view to sit with the  concerned citizens of the country that is the petitioners, environmentalists, experts to resolve the dispute and also in view of the judgment and order passed in connection with the writ petition no. 4313 of 2009 (18 BLT, Special Issue1)

Justices

Madam Justice Farah Mahbub

Mr. Justice S.M. Maniruzzaman. 
 



Database Last Updated on:
Area of law
Environment,
Life
Keywords
Suhrawardi Uddyan, environment right
Relevant statute

Constitution of Peoples’ Republic of Bangladesh

Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995)

Environment Conservation Rules, 1997

Bangladesh Biodiversity Act, 2017

Town Improvement Act, 1953 (E.B. Act No. XIII of 1953) as amended by Act No. XXI of 1987

Local Government (City Corporation) Act, 2009

 





Case Number: WP no. 4644 of 2021
Date of filing: 2021/05/09

Petitioners

Bangladesh Environmental Lawyers Association (BELA) 

Bangladesh Legal Aid & ServicesTrust (BLAST)

Nijera Kori

Association for Land Reforms and Development (ALRD)

Ain o Shalish Kendra (ASK)

Bangladesh Poribesh Andolon (BAPA)

Architect Mubasshar Hussain

Respondents

The Secretary, Ministry of Liberation War Affairs,

The Secretary, Ministry of Housing and Public Works

The Dhaka City Corporation (South)

The Secretary, Ministry of Environment, Forest and Climate Change

The Chief Engineer, Department of Public Works

The Director General, Department of Environment

The Chairman, Rajdhani Unnayan Kartipakhya (RAJUK)

The Chief Conservator of Forest

Facts

Dhaka Metropolitan Development Plan has identified Suharawardi Udyan as one of Dhaka’s interlinked central-parks which is accessible to the general public. Considering its importance from the historical, cultural and scenic appeal, the Master Plan has described the said Udyan as a “precious legacy.” Such recognition of the Udyan has come from the fact that this is the place from where activities integral to the Language Movement and the war of liberation gained definite momentum. It is from this Udyan that the historic speech of 7th March, 1971 was given by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

The petitioners filed this writ petition when it has been widely reported in many leading media quoting some of the respondents that the trees were being felled as part of the project titled "Suhrawardi uddyane Shadhinota Stombho Nirman (3rd Phase)”. Such tree felling for commercial purposes and for purposes not related to the memorialization of particular historical sites is completely unnecessary, unauthorized and the same is negatively affecting the nature and ecology of the Udyan and also violative to the constitution.


Rule/Order/Judgment
Date: 20/05/2021:
Details

Adjouned for 4 weeks based on plea of the Attorney General (AG)  who submittd that meanwhile the authority concerned of the respective ministry has suspended the further process of felling old, mature trees situated in the historic Suhrawardi Udyan with a view to sit with the  concerned citizens of the country that is the petitioners, environmentalists, experts to resolve the dispute and also in view of the judgment and order passed in connection with the writ petition no. 4313 of 2009 (18 BLT, Special Issue1)

Justices

Madam Justice Farah Mahbub

Mr. Justice S.M. Maniruzzaman. ,   ,  



Reference

Area of law
Environment,  Life

Keywords
Suhrawardi Uddyan, environment right

Relevant statute

Constitution of Peoples’ Republic of Bangladesh

Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995)

Environment Conservation Rules, 1997

Bangladesh Biodiversity Act, 2017

Town Improvement Act, 1953 (E.B. Act No. XIII of 1953) as amended by Act No. XXI of 1987

Local Government (City Corporation) Act, 2009

 


Related Proceedings
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