PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 7483 of 1997
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Case Number: Writ Petition No. 7483 of 1997

Date of filing: 1997/11/22

Petitioners

  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Mrs. Zohora Khanum

Respondents

1.    Md. Humuyun Khadem, Chairman, RAJUK
2.    RAJUK
3.    Secretary, Ministry of housing and Public Works
4.    Secretary, Ministry of Environment and Forest
5.    Executive Director, Indus Valley Investment Ltd

Facts

Rajdhani Unnayan Kartripaksha (RAJUK) granted a 75-year lease of 220 acres of land in the Gulshan, Banani and Baridhara Residential area, including areas of Gulshan and Banani Lakes earmarked as open space, to a private company, Indus Valley Investment (Pvt.) Ltd. under the name of the “Gulshan, Banani and Baridhara Lake Development Scheme.” There were allegedly grave procedural irregularities involved in the process, and the directions given by the Ministry of Establishment and Works were virtually ignored. The grant would allow the respondent company to build a club house, floating restaurant with landscape parking, shopping arcade and malls, a five-star hotel and sky scrapers, thereby affecting the local inhabitants’ right to access to the open space, the lakes, and also depriving them of their right to peaceful possession of the property, together with its appurtenant amenities and surroundings as provided in the master plan adopted under the Town Improvement Act. After the service of Notice Demanding Justice by the petitioners, the agreement was allegedly canceled, but the petitioners were not provided with an office copy of the order or reply to the notice.

Rule/Order/Judgment

Date: 24/11/1997

Details

The High Court issued a Rule Nisi directing the respondents to show cause as to why the grant of lease in favour of Indus Valley Investment Pvt. Ltd. by RAJUK should not be declared to be made without any lawful authority and of no legal effect.

Justices

Mr. Justice A. M. Mahmudur Rahman

Mr. Justice Abu Sayeed Ahmed

Area of law

Environment,
Livelihood,
Land

Keywords

Unlawful Lease

Relevant statute

Constitution, Articles 27, 31;

The Town Improvement Act, 1953; 

The Environment Conservation Act, 1995

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