Case Number: WP no. 4644 of 2021
Date of filing: 2021/05/09
Bangladesh Legal Aid & ServicesTrust (BLAST)
Association for Land Reforms and Development (ALRD)
Ain o Shalish Kendra (ASK)
Bangladesh Poribesh Andolon (BAPA)
Architect Mubasshar Hussain
The Secretary, Ministry of Housing and Public Works
The Dhaka City Corporation (South)
The Secretary, Ministry of Environment, Forest and Climate Change
The Chief Engineer, Department of Public Works
The Director General, Department of Environment
The Chairman, Rajdhani Unnayan Kartipakhya (RAJUK)
The Chief Conservator of Forest
Dhaka Metropolitan Development Plan has identified Suharawardi Udyan as one of Dhaka’s interlinked central-parks which is accessible to the general public. Considering its importance from the historical, cultural and scenic appeal, the Master Plan has described the said Udyan as a “precious legacy.” Such recognition of the Udyan has come from the fact that this is the place from where activities integral to the Language Movement and the war of liberation gained definite momentum. It is from this Udyan that the historic speech of 7th March, 1971 was given by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
The petitioners filed this writ petition when it has been widely reported in many leading media quoting some of the respondents that the trees were being felled as part of the project titled “Suhrawardi uddyane Shadhinota Stombho Nirman (3rd Phase)”. Such tree felling for commercial purposes and for purposes not related to the memorialization of particular historical sites is completely unnecessary, unauthorized and the same is negatively affecting the nature and ecology of the Udyan and also violative to the constitution.
Adjouned for 4 weeks based on plea of the Attorney General (AG) who submittd that meanwhile the authority concerned of the respective ministry has suspended the further process of felling old, mature trees situated in the historic Suhrawardi Udyan with a view to sit with the concerned citizens of the country that is the petitioners, environmentalists, experts to resolve the dispute and also in view of the judgment and order passed in connection with the writ petition no. 4313 of 2009 (18 BLT, Special Issue1)
Mr. Justice S.M. Maniruzzaman.
On the application of attorney general the hearing of this petition was adjourned. Today the matter is in the list for further hearing and to have information as to the development which has taken place in this matter. At this junction learned DAG appearing on behalf of the respondent government informed that on 24.06.21 a meeting was held in the ministry with the respective persons headed by the minister of the ministry concern, the resolution of the same meeting yet to be finalized. In this, he submits that if further accommodation provided he would be able to submit the agenda to this hon’ble court in copying with the petitioners. In this regard, the concern ministry till date has stopped all further process towards felling of trees in the premises.
In view of the submission of the DAG for respondent government the matter is adjourned for two weeks, let this matter appear on 14.07.21.
Justice Farah Mahbub
S. M. Maniruzzaman
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Area of law
Suhrawardi Uddyan, environment right
Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995)
Environment Conservation Rules, 1997
Bangladesh Biodiversity Act, 2017
Town Improvement Act, 1953 (E.B. Act No. XIII of 1953) as amended by Act No. XXI of 1987
Local Government (City Corporation) Act, 2009