Case Number: Writ Petition No. 4102 of 2016
Date of filing: 2016/04/03
2.Safety and Rights Society
1.Secretary, Ministry of Housing and Public Works
3.M/S Star City Builders Ltd., represented by its owner Siddiqur Rahman
A four year old girl, Ria Moni died on the spoton 28 March 2016, when an iron rod fell onto her head when she was walking on the road in front of a building under construction at Paschim Hajipara in Rampura. A report on this incident was published in a national newspaper, the Dhaka Tribune on 28.03.2016. During a visit of the construction site, the representatives of the Petitioners found that no safety net was installed around the building by the Respondent No. 4 for the public safety, which is categorically required by the Bangladesh National Building Code,2006 (BNBC). The petitioners filed a petition being aggrievedby the disregard and continuing failure to take prompt and effective action enforcing relevant laws for the safety of the passersby/pedestrians exposed to construction site.
The Court issued a Rule Nisi to show cause as to why the failure to ensure the safety provision of BNBC by the respondents, for safety during construction should not be declared to be without lawful authority and in violation of the fundamental rights as guaranteed under article 27, 31 and 32 of the Constitution. Court directed respondent no. 3 and 4 to provide information on the investigations if any held regarding incidents of deaths and injuries on construction sites, and if so, whether any action has been taken against responsible, to adopt a clear and time-bound plan for regular monitoring of construction.
Mr. Justice Quamrul Islam Siddique
Mr. Justice Sheikh Hassan Arif
Area of law
Constitution, Articles 27,31 and 32; The Bangladesh National Building Code(BNBC), 2006
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