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Case Number: Writ Petition No.258 of 2001
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Case Number: Writ Petition No.258 of 2001

Date of filing: 2001/01/23

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST), represented by its Staff Lawyer Md. Abdul Mannan Khan of 141/1 Segunbagicha, Police-Station-Ramna, Dhaka-1000.

Respondents

  1. Bangladesh, represented by Secretary, Ministry of Environment and Forest, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Police Station, Ramna, Dhaka.
  2. Secretary, Ministry of Housing and Public Works, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Police Station, Ramna, Dhaka.
  3. The Director General, Directorate of Environment, Government of the People’s Republic of Bangladesh, 16-E, Agargaon, Dhaka.
  4. Chairman, Rajdhani Unnayan Katripakha (RAJUK), D.I.T. Road, Police Station- Ramna, Dhaka.
  5. Chairman, Dhaka Electricity Supply Authority (DESA), 1, Abdul Gani Road, Police Station-Ramna, Dhaka.
  6. Chairman, Water and Powerage Supply Authority (WASA) WASA Bhaban, Kawran Bazar, Dhaka.
  7. Dhaka City Corporation, represented by the Chief Executive Officer, City Corporation Bhavan, Fulbaria, Dhaka.
  8. Managing Drector, Titas Gas and Transmission and Distribution Co. Ltd, Titas Gas Bhavan, 105, Kazi Nazrul Islam Avenue, Kawran Bazar, Police Station-Ramna, Dhaka.
  9. Sheltech Tower, 55, West Panthapath, Dhaka.
  10. Hassan Associate Ltd. 40-41, Shiddeswari Circular Road, Dhaka.
  11. Concord Real Estate, 8, Mohakhali, Dhaka.
  12. Levender, House No-5, Road No- 126 Gulshan R/A, Dhaka.
  13. Advanced Development Technologies, 40/4 North Avenue, Gulshan, Dhaka.
  14. Tropical Homes Ltd, Baitus Sharaf Masjid Complex, 149/A, Airport Road, Farmgate, Dhaka.
  15. Suvastu Development Ltd, 65/1, Panthapath Green Road, Dhaka.
  16. Rupayan Real Estate Ltd, 161, Motijheel C/A, Rahman Mantion, Dhaka.
  17. Eastern Housing Ltd, 125/A Motijheel C/A, Dhaka.
  18. Acardia Property Development Ltd. Road No.4, House No. 4, Dhanmondi R/A, Dhaka.
  19. “ Property Triad” Property Development, Kalabagan, 38 Lake Circus.
  20. Property Rise, 12 R.K Mission Road, Motijheel, Dhaka.
  21. Nashu Mias Building 32, Rankin Street, Wari, Police Station – Sutrapur, Dha

Facts

The petitioner filed the writ petition for challenging the construction of  high rise buildings/residential and commercial in the different places in Dhaka Metropolitan City, in violation of the guaranteed fundamental and natural rights of the people in particular violation of the right to life and in violation of the provisions of Environment Conservation Act and direction to be given upon the Respondent Nos. 1 to 7 to take appropriate legal action and to perform their statutory public duties and functions for violation of the provisions of the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997 framed there under by the respondent nos. 8 to 21 some real estate companies/firms/agencies and land developers to take effective measures to prevent the violation of the provisions of the said Act.

Rule/Order/Judgment

Area of law

Equality,
Livelihood,
Health,
Life,
Access to Justice,
Accountability and Institutional Reform

Keywords

Illegal construction of high rise building

Relevant statute

Articles 11, 18, 31, 32 and 102 of the Constitution of the Peoples’ Republic of Bangladesh

The Environment Conservation Act, 1995

The Environment Conservation Rules, 1997

Date: 14/02/2017

Details

The High Court Division issued a Rule Nisi calling upon the respondents nos. 1-7  to show cause as to why a direction should not be given upon them  to take appropriate legal action and to perform their statutory public duties and functions for violation of the provisions of the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997 by the respondent nos.9-21 and many other some real estate and land developer agencies/farms/proprietorships concern and companies and to take effective measures to prevent violation the provisions of the said provision of the Constitution and environment Acts and the Rules.

Justices

Mr. Justice Abu Sayeed Ahammed

Mr. Justice Khademul Islam Chowdhury

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