PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 2935 of 2002
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Case Number: Writ Petition No. 2935 of 2002

Date of filing: 2002/06/16

Petitioners

  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Upendra Dey
  3. Paresh Dey
  4. Amar Bosh
  5. Abdur Rahman
  6. Amalendu Dey
  7. Md. Ibrahim Khalil
  8. Md. Mostaq Ahmed
  9. S.M. Idris Mostafa
  10. Mohd. Kashem Ali
  11. Mosaraf Hossain
  12. Nurul Islam
  13. Mostaq Ahmed
  14. Nurun Nahar
  15. Rahima Khatoon

Respondents

  1. Deputy Commissioner, Cox’s Bazar
  2. Secretary, Ministry of Land
  3. Thana Nirbahi Officer, Cox’s Bazar Sadar
  4. Assistant Commissioner (Land), Cox’s Bazar Sadar
  5. Chairman, Cox’s Bazaar Pourashava

Facts

The petitioners, along with thousands of others, had been living on the khas land in the Mohajerpara area of Cox’s Bazar for years after their homesteads had been destroyed in river erosion (diluvion). They had been duly paying electricity bills and taxes and had applied for a lease of the khas land measuring 98.75 decimals and after due inquiry, a recommendation for issuance of a lease was made in favour of the petitioners. Under the Non-Agricultural Khas land Management Policy, 1995 an auction notice was published in the local and national dailies for the sale of the said khas land.

Rule/Order/Judgment

Date: 19/06/2002

Details

The High Court Division issued directions not to evict the inhabitants form the land till finalization of the auction process and to allow them to participate in the auction.

Justices

Mr. Justice Abdul Matin
Mr. Justice Mohammed Marzi-Ul-Huq

Area of law

Livelihood,
Property,
Shelter,
Movement

Keywords

Slum Eviction

Relevant statute

Constitution, Articles 31, 32 and 42;
National Housing Policy, 1993;
Non-Agricultural Khas land Management Policy, 1995;
International Covenant on Economic Social and Cultural Rights, 1966;
Universal Declaration of Human Rights, 1948

Database Last Updated on: 2017-02-12 15:26:45