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

The Court allowed the application for direction and further directed the respondent nos. 5 and 6 to furnish the necessary documents reproduced in the sub-paragraphs (i) to (v) of paragraph no. 6  in sub-paragraphs (i) to (vi) paragraph no. 7 and the report of the 15 Member Committee referred to in paragraph no. 8 of the application.

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