PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 3326 of 2003
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Case Number: Writ Petition No. 3326 of 2003

Date of filing: 2003/05/03

Petitioners

  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. MD. Abdul Rahim 
  3. Manohar Ali 
  4. MD. Nurul Islam 
  5. Haji Shahid 
  6. MD. Rasul Ahmed

Respondents

  1. Secretary, Ministry of Communication
  2. Secretary, Minsitry of Housing and Public Works
  3. Secretary, Ministry of Land
  4. Secretary, Ministry of Home Affairs
  5. Deputy Commissioner, Chittagong
  6. Chief Metropolitan Magistrate, Chittagong
  7. Inspector General of Police, Dhaka
  8. Officer-in-Charge, Khulshi Police Station, Chittagong
  9. General Manager, Bangladesh Railway, Chittagong Zone, Railway Bhaban, Police Station-Pahartali
  10. Deputy Railway Manager, Bangladesh Railway, Chittagong Zone, Police Station Khulshi
  11. Divisional Estate Officer, Bangladesh Railway, Police Station-Pahartali, Chittagong 

Facts

The petitioners challenged the forcible eviction of approximately one thousand families residing at PaharTali, New Shahid Lane Basti (Slum), Khulshi, Chittagong without any prior notice or public announcement and without ensuring rehabilitation of the petitioners and other residents of the said Basti as promised by the Government. 

The eviction started in the early morning of 30.04.2003 with the bulldozing of 200 houses and shops. The inhabitants of the slum had reportedly been making payments to Bangladesh Railway as and when required on regular basis in consideration of their remaining on the said land.

Rule/Order/Judgment

Date: 03/05/2003

Details

The court issued a Rule and also directed the respondents to restrain from carrying out the forcible eviction in Pahartoli New Shahid Lane Basti, under Police Station- Khulshi, Chittagong for a period of 04 (four) weeks.

Justices

Mr. Justice M. A. Aziz
Mr. Justice Syed Refaat Ahmed

Area of law

Equality,
Livelihood,
Shelter,
Life,
Access to Justice,
Land,
Discrimination,
Accountability and Institutional Reform

Keywords

Forcible Slum Eviction; Pahartali; Shaheed Lane

Relevant statute

Articles 15, 31 and 32 of the Constitution;

Section 5 of the Government and Local Authority (Land and Building) Recovery Ordinance, 1970;

International Covenant on Economic Social and Cultural Rights, 1966

Database Last Updated on: 2019-08-20 14:27:00