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WP 2718 of 2024
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Case Number: Writ Petition No.2718 of 2024
Date of filing: 2024/03/05

Petitioners:

 

  1. Bangladesh Legal Aid and Services Trust (BLAST),
  2. Ain-O-Salish Kendra,
  3. Najmus Sakib, Advocate, Bangladesh Supreme Court

Respondents

  1. Bangladesh, represented by the Secretary, Ministry of Home Affairs,
  2. Directorate of Fire Service and Civil Defence of Bangladesh,
  3. Rajdhani Unnayan Kartipokka (RAJUK), represented by the Chairman,
  4. Dhaka City Corporation (South), represented by Meyor,
  5. Anwarul Hoque Owner of Restaurant Chumuk, Green Cozy Cottage, House: 02, Baily Road, Dhaka.
  6. Managing Director, Kacci Bhai, Green Cozy Cottage, House: 02, Baily Road, Dhaka.

Facts: Fire Safety

Date: 05/03/2024

Ensuring adequate compensation for the bereaved families and all those injured  in the fire caused at the commercial building located at Green Cozy Cottage, House: 02, Baily Road, Dhaka on 29.02.2024  deaths and injuries  to carry out their duties  to ensure fire safety measures are followed and installation of a fire-proof room for residents or shelter in case of fire with ventilation for fresh air and fire-proof steel staircases for safe evacuation and a flexible ladder made with fire-proof materials in every high-rise building.

Ensuring that fire safety measures are effectively enforced during construction of buildings in Dhaka City as provided for in the AwMœ wbe©vcb AvBb-২০০৩ (Fire Prevention and Extinguishing Act, 2003), read with the Bangladesh National Building Code, 2020.

Ensuring prompt and effective investigation and prosecution of those responsible for failure to comply with their duties to install fire safety measures in commercial buildings

Rule

 

(A) Issue a Rule Nisi,

(i) Upon the Respondents Nos. 1 to 4 calling upon them to show cause as to why they should not be directed to ensure strict compliance with their duties, including for the installation of fire safety rooms and staircases in every high-rise building, factory and establishment, and why the provision of fire safety rooms and staircases should not be included in the Fire Prevention and Extinguishing Act, 2003 and Bangladesh National Building Code, 2020 and as to why arbitrary permission to operate commercial businesses in residential areas shall not be declared to be unlawful and without lawful authority and of no legal effect.

(ii) Upon Respondents Nos 2, 3, 5 and 6 as to why they shall not be directed to compensate adequately the families of the deceased, and the injured victims in the Bailey Road Fire on 29 February 2024.

(B) Issue Direction upon Respondents Nos. 2 to 3 to submit a detailed report on fire incidents in high-rise buildings, factories and establishments during 2023 and 2024 including loss of life and property and the actions taken to date to identify buildings that are not compliant with the law and to hold those responsible accountable.”

Order
Judgment

Details

   

Justices

Mr. Justice Mostafa Zaman Islam and Mr. Justice Md. Atabullah

Area of law

Articles 27, 31, and 32 of the Constitution of the People’s Republic of Bangladesh

Keywords

Right to life, Right to protection of law, Right to safety and security. Fire Safety, Building Contruction safety

Relevant statute

Fire Prevention and Extinguishing Act, 2003,

Bangladesh National Building Code, 2020,

Fire Prevention and Extinguishing Regulation, 2014

 

Date:

Details