PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5915 of 2005
Date of filing: 2005/08/13
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Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Abdul Rob Hawlader
3. Abdul Khaleque
4. Rubina
5. Monowara

Respondents

1. Secretary, Ministry of Land
2. Secretary, Ministry of Public Works
3. Secretary, Ministry of Home Affairs
4. Inspector General of Police
5. Deputy Commissioner, Dhaka
6. Deputy Commissioner, Dhaka Metropolitan Magistrate
7.Chief Metropolitan Magistrate
8. Mayor, Dhaka City Corporation
9. Deputy Divisional Engineer, Mirpur, Housing Division-02, National Housing Authority, Mirpur 10. Officer-In-Charge, Kafrul Police Station
11. Abul Kashem Gong, 2-H/11-40, Mirpur, Dhaka 

Facts

BLAST filed a writ petition with three residents of Gudaraghat Basti, a low-lying 1.65 acre plot of land under Joarshahara mouza in Dhaka. The petitioners had been residing there for years with knowledge of the government, paying electricity and gas bills. The government had reportedly acquired the land for implementation of certain projects under the Housing Directorate. A rehabilitation project for the 127 families of Gudarghat Basti and inhabitants of other slums was stopped, and the residents were threatened with immediate eviction at the behest of vested interests.

Rule/Order/Judgment
Date: 12/09/2005


Details
The High Court issued a Rule Nisi calling upon the respondents to show cause as to why the threatened eviction of the petitioners and thousands of other slum dwellers from peaceful possessions of their homesteads without due process of law should not be declared illegal and without lawful authority, being contrary to the right to life as mandated by Article 32 of the Constitution.
Justices
Mr. Justice A.B.M KhairulHaque
Mr. Justice Syed Md. Ziaul Karim

Date: 15/12/2007


Details
The High Court delivered judgment on 15.12.2007 stating that the slum dwellers were not to be evicted from their peaceful possessions without due course of law and alternative rehabilitation according to the programmes of the Government within two years from the date of judgment. Within this period, the Government was asked to take appropriate steps for the rehabilitation of the slum dwellers.
Justices
Mr. Justice Md. Fazlur Rahman
Mr. Justice Mohammad Abdur Rashid

Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link
Reference
13 BLC (HCD) (2008) 384
Area of law
Equality,
Livelihood,
Shelter
Keywords
Slum Eviction
Relevant statute

Constitution, Articles 15, 31, 32 and 42; East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970





Case Number: Writ Petition No. 5915 of 2005
Date of filing: 2005/08/13

Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Abdul Rob Hawlader
3. Abdul Khaleque
4. Rubina
5. Monowara

Respondents

1. Secretary, Ministry of Land
2. Secretary, Ministry of Public Works
3. Secretary, Ministry of Home Affairs
4. Inspector General of Police
5. Deputy Commissioner, Dhaka
6. Deputy Commissioner, Dhaka Metropolitan Magistrate
7.Chief Metropolitan Magistrate
8. Mayor, Dhaka City Corporation
9. Deputy Divisional Engineer, Mirpur, Housing Division-02, National Housing Authority, Mirpur 10. Officer-In-Charge, Kafrul Police Station
11. Abul Kashem Gong, 2-H/11-40, Mirpur, Dhaka 

Facts

BLAST filed a writ petition with three residents of Gudaraghat Basti, a low-lying 1.65 acre plot of land under Joarshahara mouza in Dhaka. The petitioners had been residing there for years with knowledge of the government, paying electricity and gas bills. The government had reportedly acquired the land for implementation of certain projects under the Housing Directorate. A rehabilitation project for the 127 families of Gudarghat Basti and inhabitants of other slums was stopped, and the residents were threatened with immediate eviction at the behest of vested interests.


Rule/Order/Judgment
Date: 12/09/2005:
Details
The High Court issued a Rule Nisi calling upon the respondents to show cause as to why the threatened eviction of the petitioners and thousands of other slum dwellers from peaceful possessions of their homesteads without due process of law should not be declared illegal and without lawful authority, being contrary to the right to life as mandated by Article 32 of the Constitution.
Justices
Mr. Justice A.B.M KhairulHaque,   Mr. Justice Syed Md. Ziaul Karim

Date: 15/12/2007:
Details
The High Court delivered judgment on 15.12.2007 stating that the slum dwellers were not to be evicted from their peaceful possessions without due course of law and alternative rehabilitation according to the programmes of the Government within two years from the date of judgment. Within this period, the Government was asked to take appropriate steps for the rehabilitation of the slum dwellers.
Justices
Mr. Justice Md. Fazlur Rahman,   Mr. Justice Mohammad Abdur Rashid


Reference
13 BLC (HCD) (2008) 384

Area of law
Equality,  Livelihood,  Shelter

Keywords
Slum Eviction

Relevant statute

Constitution, Articles 15, 31, 32 and 42; East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/judgement/13BLC-HCD-2008384.pdf




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