PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Review Petition No. 19 of 2015 (Arising out of Writ Petition No. 17182 of 2012)
Date of filing: 2016/05/09
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Petitioners

Managing Director, Ashiyan City Development Limited  

 

Respondents

1. Ain o Salish Kendra (ASK)
2. Association for Land Reforms and Development (ALRD)
3. Bangladesh Environmental Lawyers Association (BELA)
4. Bangladesh Legal Aid and Services Trust (BLAST)
5. Bangladesh Poribesh Andolon (BAPA)
6. Institute of Architects Bangladesh (IAB)
7. Nijera Kori 8. Poribesh Bachaon Andolon (POBA)
9.The Secretary, Ministry of Housing and Public Works
10. The Secretary, Ministry of Land
11.The Secretary, Ministry of Environment and Forests
12. The Secretary, Ministry of Home
13. The Secretary, Ministry of Information
14. Chairman , RAJUK
15. Director General, Department of Environment
16. Deputy Commissioner of Dhaka
17. Director Monitoring and Enforcement

Facts

The environment of Dhaka City was endangered due to unplanned, unauthorised and illegal creation of townships and filling up lands by some developer companies. BLAST and other organisations filed Writ Petition No. 17182 of 2012 challenging the permission granted for the illegal housing project of Ashiyan City, which was beyond lawful authority and against the public interest. A rule was made absolute by the majority judgement delivered on 16.01.2014. But before the delivery of the judgement, Ashiyan City Development Limited applied to the Deputy Commissioner on 07.01.2014 seeking permission for development of its projects, and the permission was approved on 16.01.2014. The judgement of Writ Petition and order passed on the same date, Ashiyan City Development Limited could not reasonably bring it to the notice of the Hon’ble Court, if the petitioner could brought to the notice then the Court could have resulted in different decision. Ashiyan City Development Limited prays to review the judgement dated on 16.01.2014 in the Writ Petition No. 17182 of 2012.

Rule/Order/Judgment
Date: 18/02/2016


Details
On 18.02.2016 High Court issued a Rule Nisi upon the respondents to show cause as to why the majority judgment dated 16.01.2014, passed in Writ petition No. 17182 of 2012, should not be reviewed.
Justices
Mr. Justice Syed A.B.M Mahmudul Huq
Ms. Justice Naima Haider
Mr. Justice Quazi Reza-Ul-Hoque

Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Livelihood,
Property
Keywords
Illegal Construction
Relevant statute

Section 114 with Order XLVII Rule 1 of Code of Civil Procedure, 1908

Related Proceedings




Case Number: Review Petition No. 19 of 2015 (Arising out of Writ Petition No. 17182 of 2012)
Date of filing: 2016/05/09

Petitioners

Managing Director, Ashiyan City Development Limited  

 

Respondents

1. Ain o Salish Kendra (ASK)
2. Association for Land Reforms and Development (ALRD)
3. Bangladesh Environmental Lawyers Association (BELA)
4. Bangladesh Legal Aid and Services Trust (BLAST)
5. Bangladesh Poribesh Andolon (BAPA)
6. Institute of Architects Bangladesh (IAB)
7. Nijera Kori 8. Poribesh Bachaon Andolon (POBA)
9.The Secretary, Ministry of Housing and Public Works
10. The Secretary, Ministry of Land
11.The Secretary, Ministry of Environment and Forests
12. The Secretary, Ministry of Home
13. The Secretary, Ministry of Information
14. Chairman , RAJUK
15. Director General, Department of Environment
16. Deputy Commissioner of Dhaka
17. Director Monitoring and Enforcement

Facts

The environment of Dhaka City was endangered due to unplanned, unauthorised and illegal creation of townships and filling up lands by some developer companies. BLAST and other organisations filed Writ Petition No. 17182 of 2012 challenging the permission granted for the illegal housing project of Ashiyan City, which was beyond lawful authority and against the public interest. A rule was made absolute by the majority judgement delivered on 16.01.2014. But before the delivery of the judgement, Ashiyan City Development Limited applied to the Deputy Commissioner on 07.01.2014 seeking permission for development of its projects, and the permission was approved on 16.01.2014. The judgement of Writ Petition and order passed on the same date, Ashiyan City Development Limited could not reasonably bring it to the notice of the Hon’ble Court, if the petitioner could brought to the notice then the Court could have resulted in different decision. Ashiyan City Development Limited prays to review the judgement dated on 16.01.2014 in the Writ Petition No. 17182 of 2012.


Rule/Order/Judgment
Date: 18/02/2016:
Details
On 18.02.2016 High Court issued a Rule Nisi upon the respondents to show cause as to why the majority judgment dated 16.01.2014, passed in Writ petition No. 17182 of 2012, should not be reviewed.
Justices
Mr. Justice Syed A.B.M Mahmudul Huq,   Ms. Justice Naima Haider,   Mr. Justice Quazi Reza-Ul-Hoque


Reference

Area of law
Environment,  Livelihood,  Property

Keywords
Illegal Construction

Relevant statute

Section 114 with Order XLVII Rule 1 of Code of Civil Procedure, 1908


Related Proceedings
Writ Petition No. 17182 of 2012
Database Last Updated on: 2017-02-12 15:26:45