PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 10222 of 2023
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Case Number: Writ Petition No.10222 of 2023

Date of filing: 2023/08/27

Petitioners

  1. Mr. Ayub Karam Ali

2. Bangladesh Legal Aid Services and Trust (BLAST)

Respondents

(1) the Secretary, Ministry of Local Government, Rural Development and Cooperatives;
(2) Secretary, Ministry of Environment, Forest and Climate Change;
(3) Secretary, Ministry of Health and Family Welfare;
(4) District Commissioner, Sunamganj;
(5) Chairman, Zilla Parishad,Sunamganj;
(6) Thana Nirbahi Officer, Chhatok, Sunamgonj;
(7) Chairman, Upazilla Parishad, Chhatak,Sunamganj;
(8) Chairman, Union Parishad, Gobindaganj, Soidergaon, Chhatok, Sunamganj.

Facts

On 15 July 2023, a report published in ‘Daily Bhorer Kagaz’ newspaper under the
title “ছাতক: ময়লার দুর্গন্ধে পথচারীরা অতিষ্ঠ’’ stating that there is a heap of waste material at the
entrance of Gobindganj, Soidergaon Union, Chatak, Sunamganj, Gobindganj Point Railgate, Suhitpur
and Nutan Bazar and Chhatok Municipality and Jauwa Bazaar which is detrimental to the health and
life of the people especially the school-going students and due to this situation is constantly facing
extreme problems and moral disaster.

In Bangladesh there is Bangladesh Solid Waste Management Rules 2021 under the Bangladesh
Environment Protection Act 1995 exists to ensure the protection of public health, environment, public
welfare, and sustainable development of waste management. However due to the lack of proper
implementation of the said rules, extreme environmental damage is happening and at the same time,
outbreaks of serious diseases like dengue, malaria, typhoid, respiratory problems and various types
of skin diseases are happening. Also, any act harmful to public health, environment, and public
welfare is a punishable offense as per Schedule No. 3 of the Zilla Parishad Act 2000.

Aggrieved by the continuous failure of the Respondents to comply with their statutory duties in the
proper implementation of Bangladesh Solid Waste Management Rules 2021 under the Bangladesh
Environment Protection Act 1995 at the aforementioned area of Sunamganj, Mr. Ayub Karam Ali,
Sunamganj and Bangladesh Legal Aid and Services Trust (BLAST) as petitioner filed this public
interest litigation.

Rule/Order/Judgment
On 5 September 2023, after a preliminary hearing of the Public Interest Litigation (Writ Petition No.
10222 of 2023) a bench of the High Court Division comprising Mr. Justice Mohammad Ullah and Mr.
Justice A. K. M. Rabiul Hassan issued show cause notice upon the Respondent Nos. 1-8 as to why
the directions should not be given to remove the hazardous waste from the locality of Gobindganj,
Soidergaon Union, Chhatok, Sunamganj, Gobindganj Point Railgate, Shuhitpur and Notun
Bazar through proper implementation of the Bangladesh Solid Waste Management Rules 2021 under
Bangladesh Environment Protection Act 1995 and also directed Respondent Nos. 4-8 to submit a
report on action taken to remove waste within 60 working days of issue of notice.

Date: 05/09/2023

Details

 

 

Justices

Mr. Justice Mohammad Ullah and

Mr. Justice A. K. M. Rabiul Hassan

Area of law

Bangladesh Solid Waste Management Rules 2021 under
Bangladesh Environment Protection Act 1995

Keywords

Unconstitutional Provisions

Relevant statute

Constitution of the Peoples Republic of Bangladesh, Articles 44 and 102

Details

Database Last Updated on: 2023-09-20 04:42:45