PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5194 of 2004
Date of filing: 2004/08/30
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Petitioners
  1. Nijera Kori
  2. Bangladesh Environmental Lawyers Association (BELA)
  3. Bangladesh Legal Aid and Services Trust (BLAST)
  4. Ain o Salish Kendra (ASK)
  5. Association for Land Reform and Development (ALRD)
  6. Bangladesh Society for the Enforcement of Human Rights (BSEHR)
Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Home Affairs
  4. IGP, Dhaka
  5. Divisional Commissioner, Chittagong
  6. Deputy Commissioner, Noakhali
  7. AC (Land), NoakahliSadar
  8. AC (Land), Companigongj, Noakhali
  9. Director. Motin Agro Fisheries
  10. Chairman, Bangladesh Agricultural Development Corporation
Facts

BLAST along with Nijera Kori, Ain o Salish Kendra (ASK), the Bangladesh Environmental Lawyers Association (BELA), Association for Land Reform and Development (ALRD), and the Bangladesh Society for Enforcement of Human Rights (BSEHR) filed a writ petition challenging the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project, on the grounds that the evictions violated the provisions of the Land Reform Ordinance and the Land Administration Manual. The affected communities had been living in and cultivating the char lands for years and were settled mostly on basis of Duplicate Carbon Receipts (DCRs). The Deputy Commissioner of Noakhali, on the application of 147 people, proposed that 11955.59 acres of land be made available for a shrimp mohal, of which 2039.77 acres was already occupied by landless people, and the proposal was approved by the Ministry of Land under Shrimp Mohal Management Policy, 1992. No intimation was given to the Divisional Commissioner as required by law. It was alleged that this declaration was made at the behest of the vested interests and the lease was not granted to any particular entrepreneur, but to land grabbers who then started to forcefully evict people. NijeraKori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.

Rule/Order/Judgment
Date: 01/09/2004


Details

The High Court issued a Rule Nisi calling upon the Respondents to show cause as to why the action for eviction of the landless people should not be declared to be without lawful authority and of no legal effect, and passed an order of stay directing the concerned authorities not to evict the landless people from the char lands till the disposal of the case.

Justices

Mr Justice Md Abdul Oahab Miah

Ms Justice Jinat Ara



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

Constitution, Articles 15, 19, 27, 31, 32 and 42;

Land Reform Ordinance, 1984;

Land Administration Manual, 1900





Case Number: Writ Petition No. 5194 of 2004
Date of filing: 2004/08/30

Petitioners
  1. Nijera Kori
  2. Bangladesh Environmental Lawyers Association (BELA)
  3. Bangladesh Legal Aid and Services Trust (BLAST)
  4. Ain o Salish Kendra (ASK)
  5. Association for Land Reform and Development (ALRD)
  6. Bangladesh Society for the Enforcement of Human Rights (BSEHR)
Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Home Affairs
  4. IGP, Dhaka
  5. Divisional Commissioner, Chittagong
  6. Deputy Commissioner, Noakhali
  7. AC (Land), NoakahliSadar
  8. AC (Land), Companigongj, Noakhali
  9. Director. Motin Agro Fisheries
  10. Chairman, Bangladesh Agricultural Development Corporation
Facts

BLAST along with Nijera Kori, Ain o Salish Kendra (ASK), the Bangladesh Environmental Lawyers Association (BELA), Association for Land Reform and Development (ALRD), and the Bangladesh Society for Enforcement of Human Rights (BSEHR) filed a writ petition challenging the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project, on the grounds that the evictions violated the provisions of the Land Reform Ordinance and the Land Administration Manual. The affected communities had been living in and cultivating the char lands for years and were settled mostly on basis of Duplicate Carbon Receipts (DCRs). The Deputy Commissioner of Noakhali, on the application of 147 people, proposed that 11955.59 acres of land be made available for a shrimp mohal, of which 2039.77 acres was already occupied by landless people, and the proposal was approved by the Ministry of Land under Shrimp Mohal Management Policy, 1992. No intimation was given to the Divisional Commissioner as required by law. It was alleged that this declaration was made at the behest of the vested interests and the lease was not granted to any particular entrepreneur, but to land grabbers who then started to forcefully evict people. NijeraKori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.


Rule/Order/Judgment
Date: 01/09/2004:
Details

The High Court issued a Rule Nisi calling upon the Respondents to show cause as to why the action for eviction of the landless people should not be declared to be without lawful authority and of no legal effect, and passed an order of stay directing the concerned authorities not to evict the landless people from the char lands till the disposal of the case.

Justices

Mr Justice Md Abdul Oahab Miah,  

Ms Justice Jinat Ara



Reference

Area of law
Shelter,  Access to Justice

Keywords
Unlawful Eviction

Relevant statute

Constitution, Articles 15, 19, 27, 31, 32 and 42;

Land Reform Ordinance, 1984;

Land Administration Manual, 1900


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