PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5298 of 2005
Home 9 PIL Cases 9 Case Number: Writ Petition No. 5298 of 2005
Print Friendly, PDF & Email

Case Number: Writ Petition No. 5298 of 2005

Date of filing: 2005/07/23

Petitioners

1.    Bangladesh Legal  Aid and Services Trust (BLAST)
2.    Ain-o-Salish Kendra (ASK)
3.    Selina Talukder
4.    KamrunNaharMorzina
5.    Md. Fazlul Miah
6.    Md. Abdul Kadir

Respondents

  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Public Works
  3. Secretary, Ministry of Home Affairs
  4. IGP, Dhaka
  5. Deputy Commissioner, Dhaka
  6. Commissioner, Dhaka Metropolitan Police, Dhaka
  7. Chief Metropolitan Magistrate, Dhaka
  8. Mayor, Dhaka City Corporation
  9. Executive Engineer, Mirpur Housing Authority
  10. OC, Kafrul police Station, Dhaka

Facts

BLAST, Ain o Salish Kendra (ASK) and a slum resident filed a writ petition challenging the eviction, harassment, intimidation and threat to evict the slum dwellers of SagarikaBasti, Dag No. 111, Kochukhet, Puran Bazar, Kafrul. The land was acquired by the then Government of East Pakistan and the Housing Directorate developed the land into plots for Mirpur Rehabilitation Housing Plot. No compensation was paid to the people whose lands were acquired and they continued to live there with their families with the knowledge of the Government. They applied for allotment of plots and paid bills for utilities etc. Various resolutions, lists and policies were adopted for settlement of the sufferers, but on 19.07.2005, the Housing Estate Authority made an announcement by megaphone to evict the slum dwellers and the very next day, amidst heavy rainfall, the authorities started to evict the dwellers from their residences, which they had peacefully possessed for 45 years.

Rule/Order/Judgment

Date: 14/02/2017

Details

The High Court issued a Rule Nisi on the respondents to show cause why the eviction of the slum dwellers from their peaceful possession of the area in question should not be declared to be without lawful authority and of no legal effect.

Justices

Justice Abdul Matin
Mr. Justice MamoonRahman

Area of law

Shelter,
Life

Keywords

Slum Eviction

Relevant statute

Constitution, Articles 15, 27, 31 and 32;

Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance 1970;

National Housing Policy of 1993;

International Covenant on Economic Social and Cultural Rights, 1966,

Universal Declaration on Human Rights, 1948

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