PUBLIC INTEREST LITIGATION (PIL)

1. Md. Sohel Miazi
2. Bangladesh Legal Aid and Services Trust (BLAST)

1.    Secretary, Ministry of Land and 8 others 

A residential project had been developed for government officers and influential persons within the administration by erasing hills in Cox’s Bazar. The land in question measuring 51 acres was recorded in khash khatian No. 20163 as jungle and was declared as Protected Forest under Section 20 of Forest Act, 1927. However, the land was released from protected forest land and recorded as non-agricultural khas land. The project was developed violating the Environment law and it was apprehended that the development may cause ecological imbalance as it is very close to the world’s largest sea beach. Justice Naimuddin Ahmed, the then vice-chairman of BLAST sent a letter to the then Chief Advisor of the government of Peoples’ Republic of Bangladesh requesting to stop residential project.

The Court issued a Rule Nisi to show cause as to why the order for cancellation of the allotment letter dated 22.04.2007 in pursuance of Memo dated 16.04.2007 issued under the Respondent No.4 after the completion of registration of the perpetual lease agreement and giving delivery of physical possession of the allotted plot No. 116 containing 0.0826 acres of land to the petitioner should not be declared to have been issued without lawful authority and of no legal effect. The Court also directed the parties to maintain status quo in respect of the possession of 0.0826 acres of land of plot No.116 of BS plot No. 20163 of BS Khatian No.01 of mouza Jhilanja, Upazilla Cox’s Bazar Sadar.

Justice Gobinda Chandra Tagore

BLAST was added as a party on 06.09.2007. Considering BLAST’S expertise, the Court noted that BLAST may render such assistance as would enable the Court to arrive at a just and proper decision.

Ms Justice Nazmun Ara Sultana

Mr Justice Md Abu Tariq