PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh Legal Aid and Services Trust (BLAST)

2. Mrs ShamsunNahar Ahmed

3. Mr Abu Taher Miah

4. Dr KM Maqsudur Rahman

1. Secretary, Ministry of Housing and Public Works

2. Chairman, RajdhaniUnnayanKartripakkha (RAJUK)

3. Deputy Director (Estate), RAJUK

4. Chief Engineer, RAJUK

BLAST along with allottees of Gulshan Model Town filed a writ petition challenging the actions of RAJUK in converting an area earmarked as open space in the layout plan into commercial plots and calling for an auction sale by publishing advertisements in newspapers.

The High Court issued a Rule Nisi upon the respondents to show cause as to why the impugned action of RAJUK inviting auction notice for sale of commercial plots should not be declared to have been made without lawful authority and is of no legal effect, and directed RAJUK not to open auction bid till the hearing of the case.

Mr Justice Mohammad Fazlul Karim

Mr Justice Md Ali Asgar Khan

The Court initially issued a Rule Nisi, but upon hearing the parties delivered judgment on 15.11.2007 discharging the Rule. The Court took into consideration the earlier cases filed by the petitioners and noted that one of the petitions, WP No. 688/1999 was later non-prosecuted and other one was reported in 6 MLR (AD) 68, in which the Court refused to grant the relief sought. The Court held that the case was of ‘private injury couched with public injury’ and as such BLAST does not have locus standi, coupled with the fact that environmental hazard could not be established. The Court was also of the view that the provisions of the Town Improvement Act, 1953 were applicable only to the master plan and not in respect of the lay out plan.

Mr Justice Tariq ul Hakim

Mrs Justice Farah Mahbub