PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Sultana F. Nahar, Advocate
3. ShammyaBratee (Minor)

1. Secretary, Ministry of Environment and Forests
2. Secretary, Ministry of Health and Family Welfare
3. Secretary, Ministry of Communication
4. Secretary, Ministry of Home Affairs
5. Secretary, Ministry of Energy and Mineral Resources
6. Director General, Department of Environment (DoE)
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, DMP
12. The City Corporation
13. Inspector General of Police
14. Deputy Commissioner

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 it contributed to environmental hazards in Dhaka and affected the health of children and elderly people in particular by emissions of high levels of pollution. 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.

The High Court gave 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.

Mr. Justice M.M. Ruhul Amin
Mr. Justice Khademul Islam Chowdhury

The Court Division issued a Rule Nisi to show cause as to why they should not be directed to enforce and ensure air and atmosphere free from pollution in Dhaka by takking measures including-

1. Two strokes, particularly baby taxis should use lubricating oil designed for two strokes engines

2. Fuel and Lubricating should meet appropriate standard at all stages from the production through distribution, to retail sale

3. Octane level of standard be raised to 87 Ron minimum required for baby taxis, motorcycles and scooters and for passengers cares a minimum 91 to 92 RON is ensured.

4. Measures should be tken to reduce the level of sulfur initially to .5% in the long run

5. The unlicensed must be stopped

6. The price gap between the kerosine oil and petrol be narrowed down to avoid adulteration

7. To phase out the existing twp strokes fleet within two years and to replace it with cleaner transport alternatives

8. Ban on new licences for two stroke three wheelers in dhaka and cancellation of 9 years old licences  of baby taxis

9. Number of compressed natural gas (CNG) is raised to meet the requirement and CNG stations be maintained properly round the clock

10Legal action be taken against the owners and drivers of the vehicles emitting polluted smoke into the air. And

Why should not be directed to report every six months of actions and result of the above directive to this court thorugh BLAST.