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WP 8119 of 2024
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Case Number: Writ Petition No. 8119 of 2024

Date of filing: 2024/06/13

Petitioners:

 

  1. Adv. Manoj kumar Bhowmik
  2. Adv. Utpal Biswas
  3. Adv. Aynunnahar Siddika

Added Party:

  1. Bangladesh Legal Aid and Services Trust (BLAST). 
  2. Association for Land Reform and Development (ALRD). 
  3. Nagorik Uddyog.
  4. Nijera Kori.
  5. Manobadhikar Shongskriti Foundation.
  6. Manusher Jonno Foundation
  7.  

Respondents

  1. The Government of Bangladesh represented by the Secretary, Local Government Division, Ministry of Local Government, Rural Development & Co-operatives, Bangladesh Secretariat, Dhaka.
  2. Mayor, Dhaka South City Corporation, Nagar Bhaban Fulbaria, Dhaka
  3. Chief Executive Officer, Dhaka South City Corporation, Nagar Bhaban Fulbaria, Dhaka
  4. Commissioner Dhaka Metropolitan Police
  5. Deputy Commissioner, Dhaka
  6. Councilor, Ward no.33 Dhaka South City Corporation, Dhaka

Facts:

 

Date: 2024/06/13

As per the Prothom Alo report of 12/06/2024, on 11/06/2024 DSCC (Dhaka South City Corporation) at 11 am in the morning went to the Mironjilla Harijan Colony to evict the establishment of the mentioned colony. The sole purpose of this action was to establish a new modern bazar for which 27% of the colony’s land is required. The previous bazar was on 17% of the land. DSCC states that they have 3.27 acre approx. land in the colony where the Harijans were living for a long time. However, in the face of heavy protests and no action was taken.

 

It is to be noted that the Colony and its inhabitants are continuing their possession in this land for 400 years. The eviction notice was given without any rehabilitation, which is illegal and unlawful from every angle. In addition to this Harijan community lies in the lowest spectrum in the social hierarchy. This makes their situation more vulnerable. Hence a question arises: the government has taken numerous initiatives to build shelters then why the inhabitants will not get alternative residents before evictions. Further the report mentioned that five people from the colony met with the DSCC authority and stated that they will move from the colony within 2 days. Even this statement rises quite a few questions considering the fact of the Harijans position in social hierarchy.

Rule: Rule Nisi and Status Quo

High Court issued a Rule Nisi upon the Respondents to show cause as to why the process of eviction being initiated by the DNCC to evict the slum dwellers without rehabilitation in alternative property belonging to the state. 
The Court directed to maintain status Quo for 30 days

The Court further directed to arrange a temporary shelter in a vacant space.

04.07.2024

Order

On 04.07.2024 six institutions was added as intervener. This order was given by Main: 23 comprised with Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon. 

Judgment

Details

Justices

Justice Farah Mahbub and Justice Atabullah

Area of law: 

Articles 27 and 102 of the Constitution of the People’s Republic of Bangladesh

Keywords

Eqality before law, Right to life, Right to protection of law, Right to safety and security, Right to shelter and rehabilitation.

Relevant statute

 

 

Date:

Details