Case Number: Writ Petition No. 9763 of 2008

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Date of filing: 2008/12/03

Petitioners

Ain o Salish Kendra (ASK)
Bangladesh Legal Aid and Services Trust (BLAST)
Collection for the Urban poor
Md. MotalebHowlader
Md. Faruk Hossain
Md. HumayunKabir

Respondents

Secretary, Ministry of Housing and Public Works
Executive Engineer, Mohakhali Public Works Division
Sub-Divisional Engineer, Mohakhali Public Works Division
OC, Gulsahan Police Station, Dhaka

Facts

BLAST, along with Ain o Salish Kendra (ASK) and the Coalition of the Urban Poor (CUP), filed a writ petition on 03.12.2008 challenging the threatened eviction of the KorailBasti, Mohakhali, Dhaka, which was inhabited by 100,000 slum dwellers, and demolition of their structures.

Rule/Order/Judgment

Date: 06/04/2009

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 issued an interim order staying the notice of eviction. Most recently, the Court extended the order of stay till disposal of the Rule.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Kamrul Islam Siddique

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Area of law

Shelter,
Life

Keywords

Slum Eviction

Relevant statute

Constitution, Articles 15, 31 and 32;

Government Land and Properties (Recovery of Possession) Ordinance, 1970;

International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966