Case Number: Writ Petition No. 1834 of 2010

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Date of filing: 2010/03/04

Petitioners

Bangladesh Environmental Lawyers Association (BELA)
Joyenshahi Adivashi Unnayan Parishad
Jatiya Adhibasi Parishad

Respondents

Secretary, Ministry of Environment and Forest
Secretary, Ministry of Land
Chief Conservator of Forest, Department of Forest
Director General, Department of Environment
Deputy Commissioner, Tangail
Additional Deputy Commissioner (Revenue), Tangail
Upazilla Revenue Officer, Modhupur, Tangail
Upazilla Chairman, Modhupur, Tangail
Upazilla Nirbahi Officer, Modhupur, Tangail
District Forest Officer, Tangail
Assistant Commissioner (Land) Modhupur, Tangail

Facts

Due to the indiscriminate allocation of land for non-forest purposes, the faulty plantation and settlement programs of the government, the rich Modhupur Sal forest is almost denuded and no-settlement of the legitimate right of the Garo people resulting in long standing tension between them.

Rule/Order/Judgment

Date: 16/03/2010

Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the memo No. 211(4) should not be declared to have been made without lawful authority and why the respondents should not be directed to identify ‘Modhupur Sal Forest’ borders, the protection and enrichment plantation with indigenous species and with direct participation of forest dependents, settle Caro and Kontch community rights, remove all unauthorised and illegal entities and stop commercial banana and pineapple plantation.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice A.T.M. Fazle Kabir

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Area of law

Environment,
Livelihood,
Property

Keywords

‘Modhupur Ghar’ case

Relevant statute

Constitution, Articles 13, 18(A), 31 and 32;

Forest Act, 1927;

Forest Policy, 1994;