Case Number: Writ Petition 1649 of 2000
Date of filing: 2000/04/03
Petitioners
1. Bangladesh Legal Aid & Services Trust (BLAST)
2. Sultana F. Nahar
3. Shammya Bratee represnted by his father Mr. Md. Ruhul Qudus Babu
Respondents
1. Bangladesh, represented by the secretary, Ministry of Environment and Forest
2.Secretary, Ministry of Health an dFamily Welfare
3. Secretary, Mnistry of Communication
4. Secretary, Ministry of Home Affairs
5. Secretary, Ministry of Energy and Mineral Resources
6. Director General, Dept of Environment
7. Bangladesh Auto Rickshaw Workers Union
8. Dhaka Metropolitan Auto Rickshaw Business Owners Association
9.Bangladesh Petroleum Corporation
10. Bangladesh Road Transport Authority
11 Police Commissioner
12. City Corporation
Facts
BLAST, on behalf of two minor petitioners, filed a writ petition challenging the plying of three wheelers operating with two-stroke engines in Dhaka, as contributing to environmental hazards in Dhaka and affecting the health of children and elderly people in particular by emission of a high level of pollutants. They relied on an agreement signed in 1997 by the Dhaka City Auto Rickshaw Business Owners Association, the Bangladesh Road Transport Authority and the Ministry of Communications to the effect that three wheelers older than nine years would not operate within Dhaka and would not be sold in other Metropolitan areas, and alleged that there had been no effective implementation of this Agreement.
Rule/Order/Judgment
Date: 27/03/2002
Details
The High Court gave a judgment and passed an order directing the Government to phase out all three wheelers with two-stroke engines from Dhaka within 2002 and to replace them with clean transport alternatives. The Government’s petition for leave to appeal against the said order was rejected by the Appellate Division on 27.03.2002 in Civil Petition for Leave to Appeal No. 749 of 2002.
Justices
Mr. Justice M.M. Ruhul Amin
Mr. Justice Khademul Islam Chowdhury
Area of law
Environment,
Health,
Life
Keywords
Air Polution case
Relevant statute
Constitution, Articles 31 and 32; The Town Improvement Act, 1953; The Environment Pollution Control Ordinance 1977
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