Case Number: Writ Petition No. 341 of 2009

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Date of filing: 2009/01/14

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST);

2.Shamim Ahmed

Respondents

1.Secretary, Ministry of Environment and Forest;

2.Secretary, Ministry of Industry;

3.Director General, Department of Environment;

4.Director, Department of Environment;

5.Deputy Commissioner, Gazipur;

6.Upozilla Nirbahi Officer, Gazipur;

7.Managing Director,Al-tech Aluminium

Facts

BLAST, along with another human rights organization, filed a writ petition on 03.12.2008 challenging the establishment and operation of an industrial unit, Al-tech Aluminum Industry, in a residential area in Gazipur, which had allegedly caused widespread environmental pollution and had been operating without obtaining the required Environmental Clearance Certificate and without installation of an Effluent Treatment Plant (ETP).

Rule/Order/Judgment

Date: 02/02/2009

Details

A Rule Nisi was issued on the respondents to show cause as to why they should not be directed to perform their statutory and constitutional duties by shutting down the Al-tech Aluminum Industry, which having failed to take Environment Clearance Certificate under the provision of the Environment Conservation Act, 1995 is polluting the environment, and why such failure should not be declared to be illegal and without any lawful effect.

Justices

Mr. Justice A.B. M. KhairulHaque

Mr. Justice Md. Abdul Hye

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Area of law

Environment

Keywords

Non-Compliance with Environment Conservation Rules

Relevant statute

Constitution (Article-31);

Environment Conservation Act 1995;

Environment Conservation Rules 1997;