Case Number: Writ Petition No. 10380 of 2007
Date of filing: 2007/12/02
Petitioners
- Bangladesh Legal Aid and Services Trust (BLAST)
- Md Hafez Farazi
- Nur Mia
- Eunus Mia
- Murteja Begum
- Shahid
- Shahid Mia
- Mizan Mia
- Eunus Hawladar
- Shahidullah
- Fajrure Rahman
- Moslem Ali
- Elahi Mia
- Ayub Hossain
- A Khalek Khan
- MdMahiuddin
- Anowara Begum
- Fatema Begum
- Salam Hawladar
- Anisur Rahman
- Abu Siddik
- Md Shattar Mia
- Md Shahjahan Mullah
- Lal Mia
- Motaleb Mia
- Jashim Uddin Hawlader
- Ismail Hossain
- A Latif Chakaria
- Shamsuddin Hawlader
- Moklesur Rahman
- Md Sentu
- Sultan Bepari
- Md Belal Hossain
- Md MahiuddinGaji
- Md Hatem Ali
- Siddika Begum
- Mrs Jahanara
Respondents
- Secretary, Ministry of Housing and Public Works
- Secretary, Ministry of Land
- Secretary, Ministry of Home Affairs
- Mayor, Dhaka City Corporation
- Chief Executive, Dhaka City Corporation
- Inspector General of Police, Ramna, Dhaka
- Deputy Commissioner, Dhaka
- Commissioner, Dhaka Metropolitan Police
- Chief Metropolitan Magistrate
- Deputy Commissioner in Charge and Deputy Director, National Housing Authority
Facts
The petitioners challenged the notice dated on 31.10.2007 issued by the Deputy Commissioner in Charge and Deputy Director of the National Housing Authority, directing eviction of the inhabitants of Kachukhet Basti, Mirpur, Dhaka alleging that they were in illegal possession of open space. The eviction was without any prior notice as required by law, and without any alternative rehabilitation or resettlement.
Rule/Order/Judgment
Date: 05/12/2007
Details
The High Court issued a Rule Nisi on the respondents, directing them to show cause as to why the threat of eviction should not be declared to be without lawful authority and unconstitutional, being in violation of the fundamental rights of the slum dwellers to life and to be treated in accordance with law. The Court also stayed the operation of the eviction notice.
Justices
Mr. Justice Syed Mahmud Hossain
Mr. Justice ShahidulIsalm
Area of law
Equality,
Shelter,
Access to Justice
Keywords
Kachukhet Basti Eviction Case
Relevant statute
Articles 31, 32, 15, and 102 of the Constitution;
Section 5(1) of The Bangladesh Government Land and Properties (Recovery of Possession) Ordinance, 1970;
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1996;
International Covenant on Civil and Political Rights, 1966;
Convention on The Elimination of All Forms of Discrimination Against Women, 1979;
Date: 05/12/2007
Details
The Honourable High Court Division issued a Rule and directed that pending hearing of the Rule, the parties must maintain the status-quo in respect of the subject matter, i.e. the Basti.
Justices
Mr. Justice Syed Mahmud Hossain
Mr. Justice Shahidul Islam
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