PUBLIC INTEREST LITIGATION (PIL)

1. Ain o Salish Kendra (ASK)

2. Bangladesh Legal Aid and Services Trust (BLAST)

3. BRAC

4. Coalition for the Urban Poor (CUP)

5. Nijera kori

6. Dushtha Shasthya Kendra (DSK)

7. Md. Motaleb Howlader

8. Md. Faruk Hossain alias Rafiq

9.  Md. Abdul  Mannan

10. Ms Fatema Akter

11. Ms. Akhi Akter

1.Secretary, Ministry of Housing and Public Work   
2.Secretary, Ministry of Post and Telecommunication
3.Managing Director, Bangladesh Telecommunication (BTCL)
4.Sub Divisional Engineer, Mohakhali Sub Divisional Public Works
5.Secretary, Ministry of Information and Communication Technology (ICT)
6.Commissioner, Dhaka Metropolitan Police
7.Deputy Commissioner and District Magistrate, Dhaka
8.Officer in Charge, Gulshan Police Station

A Writ Petition was filed against the arbitrary and forcible eviction of the petitioners Nos.7-11 and about 2000 other inhabitants of the Korail Bosti area, without any prior notice as required by law and in violation of their fundamental rights to equality before law, to be treated in accordance with law, and to life and livelihood as guaranteed in the Constitution. On 17.01.2012 a Suo Moto Rule No.08 of 2012 was issued by a Division Bench of the High Court Division comprising of Mr. Justice A.H. M. Shamsuddin Chowdhury and Mr. Justice Jahangir Hossain following a news report. On 25.01.2012 in the said Suo Moto an interim order was issued, directing BTCL to remove all structures within their land on and around Gulshan Lake. It further directed RAJUK to participate in this clearing and demolition process. The arbitrary and forcible eviction of the slum carried out on 04.04.2012, resulting in the destruction of some 2000 structures including dwelling and shops including informal primary schools, community based schools and toilets in less than a day’s notice.

A Rule Nisi  was issued upon the Respondents to show cause as to why the impugned forcible eviction  of Korail Bosti should not be declared to be without lawful authority and of no legal effect, and unconstitutional as being violative of the fundamental rights of the petitioner Nos 7-11, and other residents of the Bosti as guaranteed by Articles 27, 31,and 32 of the Constitution, and/or in violation of S.5 of the “Government and Local Authority (Land and Buildings) Recovery Ordinance 1970”, and why the Respondents should not be directed to comply with the resettlement or rehabilitation program for slum dwellers already enunciated by the Government, and/ or provide other alternative resettlement or rehabilitation programs prior to any eviction. The Court also asked the respondents to show cause as to why they should not be directed to compensate the Petitioners and other affected residents of the Bosti 

for the loss of their belongings and livelihood as a consequence of the eviction operation. Pending hearing of the Rule, the Court also directed to maintain the Status-quo in respect of the possession and position of the said Bosti for six months from date. The respondent No.1 was also directed to appoint a commission regarding the situation analysis of the slum dwellers and making a report on alternative rehabilitation.

Ms. Justice Naima Haider
Mr. Justice Muhammad Khurshid Alam Sarkar

Period of Status quo was extended for 6 months.

Ms Justice Naima Haider
Mr Justice Zafar Ahmed

Period of Status quo was extended for 1 year.

Ms Justice Naima Haider
Mr Justice Zafar Ahmed

Period of Status quo was extended for 1 year.

Mr Justice Mirza Hussain Haider
Mr Justice Muhammad Khurshid Alam Sarker

Period of Status quo was extended for 1 year.

Mr Justice Mirza Hussain Haider
Mr Justice AKM ZahirulHoque

According to the Court’s order dated 23.07.2012, the respondent no. 1 submitted a report by the Commission (formed by the respondent no. 1, i.e., Secretary, Ministry of Housing and Public Works) as part of its Affidavit-in-Compliance dated 09.03.2017. The petitioners then submitted an Application for Directions upon respondent no. 1 be directed to furnish the following documents which are referred to as annexed in the Affidavit-in-Compliance:

i. The report prepared by the Bangladesh High-Tech Park Authority (BHTPA) for the proposed IT Village
ii. Allotment Letter, if any, issued in favour of Bangladesh High-Tech Park Authority (BHTPA) for the proposed IT Village Project by any Government authority
iii. Documents relating to the appointment of Developer evidencing inclusion of rehabilitation programs for slum dwellers
iv. Quantum of financial compensation for rehabilitation of slum dwellers
v. The layout plan on the alleged 7 Acres of land regarding the construction of low-cost dormitory, school, college and hospital
vi. Infrastructure Development (Construction of Flat) by sharing Basis under the Government Land Policy, 2008
vii. List of proposed private investors or developers who are intending to be involved in financing for the said project
viii. Master Plan prepared by the Architecture Department
ix. Estimated cost for the construction of residential, non-residential and other buildings
x. Development Project Proposal (DPP) prepared by Public Works and evidence of sending the same to the respondent no. 1; and
xi. Invitation to Tender dated 19.05.2015

After the hearing when, the Court allowed the Application for Directions. The Court directed the respondents nos. 5 and 6, (Secretary, Ministry of Information and Communication Technology and Commissioner, Dhaka Metropolitan Police), to produce the abovementioned documents. In addition, the Court also directed the submission of the report of the 15-member Committee, formed by respondent no. 5 (Secretary, ICT Ministry), for making recommendations on the issue of rehabilitation of slum dwellers.

Ms. Justice Naima Haider
Mr. Justice Abu Taher Md. Saifur Rahman

Period of Status quo was extended till disposal of the Rule.

Ms. Justice Naima Haider
Mr. Justice Abu Taher Md. Saifur Rahman

National Housing Authority filed an added party application as Repondent No 10 of this writ petition.

After hearing the court kept the matter as part heard and adjourned the hearing till 31.01.2021

Mrs. Justice Naima Haider and
Mr.Justice Razik-Al-Jalil

After hearing the submission; the court pleased to allow National Housing Authority, represented by its Chairman as respondent no. 10 and  adjourned the hearing of the matter till 07.03.2021.

Ms. Justice Naima Haider and
Mr. Justice Razik-Al-Jalil