PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No.4919 of 2010
Date of filing: 2010/06/10
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Petitioners

1. Bangladesh Environmental Lawyers Association (BELA), being represented by its Chief Executive, S. Rizwana Hasan, Advocate, Bangladesh Supreme Court.
2. Ain o Salish Kendra (ASK), being represented by its Executive Director, Sultana Kamal, Advocate, Bangladesh Supreme Court.
3. Bangladesh Legal Aid and Services Trust (BLAST), being represented by its Executive Director, Mohsin Ali Khan.
4. BRAC represented by its Director, Human Rights and legal Aid Services Programe, Dr. Faustina Pereira, Advocate Bangladesh Supreme Court.
5. Institute of Architects Bangladesh (IAB) represented by its President Architect Mubasshar Hussain.
6. Hashem Sufi of 2, Panchbhai Ghat Lane, Rokanpur, P.S.- Sutrapur, Dhaka.

Respondents

1. Dhaka City Corporation; represented by the Mayor, Nagar Bhaban, Dhaka.

2. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.

3. The Secretary, Ministry of Environment and Forest,Bangladesh Secretariat, Dhaka.

4. The Secretary, Ministry of Food and Disaster Management,Bangladesh Secretariat, Dhaka.

5. The Secretary, Ministry of Local Government, Rural Development and Co-operatives,Bangladesh Secretariat, Dhaka.

6. The Secretary, Ministry of Informatio,Bangladesh Secretariat, Dhaka.

7. The Secretary, Ministry of Home Affairs,Bangladesh Secretariat, Dhaka.

8. The Secretary, Ministry of Industry, Shilpa Bhaban, 91 Motijheel C/A, Dhaka.

9. The Secretary, Ministry of Health,Bangladesh Secretariat, Dhaka.

10. The Director General, Fire Service and Civil Defence Directorate, 38-46 Kazi Alauddin Road, Dhaka.

11. The Director General, Department of Environment, Poribesh Bhaban, E-16, Sher-e-Bangla Nagar, Agargaon, Dhaka.

12. The Chairman,Rajdhani Unnayan Kortipakkhyo (RAJUK), RAJUK Bhaban, Motijheel, Dhaka;

13. The Deputy Commissioner, Dhaka, Office of the Deputy Commissioner, Dhaka.

14. The Commissioner of Police, Dhaka Metropolitan Police (DMP), Office of the Commissioner of Police, Dhaka.

15. The Managing Director, Water and Sewerage Authority (WASA), WASA Bhaban, 98 Kazi Nazrul Islam Avenue, Dhaka.

16. The Managing Director, Dhaka Electric Supply Company Ltd. (DESCO), House No.3 (1st Floor), Road No. 24, Block- K, Banani Model Town, Dhaka.

17. The Managing Director, Dhaka Power Distribution Company Ltd (DPDC), Bidduth Bhaban, Abdul Gani Road, Dhaka.

18. The Managing Director, Titas Gas Transmission and Distribution Co. Ltd., 105, Kazi Nazrul Islam Avenue, Kawran Bazar C/A, Dhaka.

19. The Chief Inspector of Explosives, Department of Explosives, Segunbagicha, Dhaka.

 

 

Facts

The petitioners filed this writ petition being aggrieved by the failure of the concerned authorities to prepare adequately and effectively for preventing and fighting against the fire break outs in the city, reconstruct/renovate/rearrange the Old Dhaka to ensure safety of the inhabitats of the township and prevent unauthorized expansion of hazardous industrial activities in the city particularly in the highh density township of the old Dhaka.

 

Rule/Order/Judgment
Date: 10/06/2010


Details

The Honorable High Court Division issued a Rule Nisi calling upon the respondents to show cause as to why they shall not be directed to take action and adequate measure for preventing and fighting against fire break-outs in the city, ensure safe and planned development of Old Dhaka and prevent unauthorized setting up of or use of buildings as godowns/warehouses/factories/industries, use of flammable or petroleum products or any hazardous substances, chemicals or explosives in the City particularly in the high density township of the Old Dhaka and also to show cause as to why they should not be directed take necessary measures to

  1. adequately equip the Fire Service and Civil Defence Directorate to prevent and deal with fire break-outs in the city;
  2. undertake scheme, in line with the Master Plan and with participation from the local community and expert groups, to reconstruct/renovate/rearrange the Old Dhaka to ensure safety of the inhabitants of the township;
  3. remove/relocate all unauthorized godowns/warehouses/factories dealing with flammable or petroleum products or any explosives, chemicals from the residential areas of the city particularly from the high density township of Old dhaka and to set up specific zones for such establishments with appropriate and adequate safety measures;
  4. ensure adequate safety measures in all authorized godowns/warehouses/factories dealing in flammable or petroleum products or any explosives/chemicals,
  5. assess the damage and arrange for adequate  compensation to the affected people of Nimtoli so as to enable them to get back to normal life, and
  6. set up burn units in all divisional and district level hospitals.

Pending hearing of the Rule, the said court also  directed the respondents to submit report before it within 03 (three) months as mentioned below;

  1. The report of the inquiry committee headed by official of respondent no.07 formed to find out the cause of the Nimtoli fire break out;
  2. report of the task Forces formed to identify the unauthorized buildings and also the godowns/ware houses/factories with chemicals/explosives and other flammable or petroleum products (both authorized and unauthorized), giving a definite and time bound plan within which such risks shall be removed;
  3. Report indicating locations where hydrant points need to be set up and also the time-limit within which the same shall be set up;
  4. immediately initiate regular dissemination of information about prevention and mitigation of fire through public/private media; and
  5. submit report before this court within six months of giving details through proper monitoring, including inspection, that all holdings of the city have fire extinguishers and fire exists.

 

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Obaidul Hassan



Database Last Updated on: 2018-10-06 13:51:26
Full Judgment Link
Area of law
Equality,
Livelihood,
Life,
Fair Trial,
Access to Justice,
Accountability and Institutional Reform
Keywords
Nimtoli fire break out tragedy
Relevant statute

Articles 11, 14, 15, 21, 27, 31 and 32 of the Constitution of the Peoples' Republic of Bangladesh.





Case Number: Writ Petition No.4919 of 2010
Date of filing: 2010/06/10

Petitioners

1. Bangladesh Environmental Lawyers Association (BELA), being represented by its Chief Executive, S. Rizwana Hasan, Advocate, Bangladesh Supreme Court.
2. Ain o Salish Kendra (ASK), being represented by its Executive Director, Sultana Kamal, Advocate, Bangladesh Supreme Court.
3. Bangladesh Legal Aid and Services Trust (BLAST), being represented by its Executive Director, Mohsin Ali Khan.
4. BRAC represented by its Director, Human Rights and legal Aid Services Programe, Dr. Faustina Pereira, Advocate Bangladesh Supreme Court.
5. Institute of Architects Bangladesh (IAB) represented by its President Architect Mubasshar Hussain.
6. Hashem Sufi of 2, Panchbhai Ghat Lane, Rokanpur, P.S.- Sutrapur, Dhaka.

Respondents

1. Dhaka City Corporation; represented by the Mayor, Nagar Bhaban, Dhaka.

2. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.

3. The Secretary, Ministry of Environment and Forest,Bangladesh Secretariat, Dhaka.

4. The Secretary, Ministry of Food and Disaster Management,Bangladesh Secretariat, Dhaka.

5. The Secretary, Ministry of Local Government, Rural Development and Co-operatives,Bangladesh Secretariat, Dhaka.

6. The Secretary, Ministry of Informatio,Bangladesh Secretariat, Dhaka.

7. The Secretary, Ministry of Home Affairs,Bangladesh Secretariat, Dhaka.

8. The Secretary, Ministry of Industry, Shilpa Bhaban, 91 Motijheel C/A, Dhaka.

9. The Secretary, Ministry of Health,Bangladesh Secretariat, Dhaka.

10. The Director General, Fire Service and Civil Defence Directorate, 38-46 Kazi Alauddin Road, Dhaka.

11. The Director General, Department of Environment, Poribesh Bhaban, E-16, Sher-e-Bangla Nagar, Agargaon, Dhaka.

12. The Chairman,Rajdhani Unnayan Kortipakkhyo (RAJUK), RAJUK Bhaban, Motijheel, Dhaka;

13. The Deputy Commissioner, Dhaka, Office of the Deputy Commissioner, Dhaka.

14. The Commissioner of Police, Dhaka Metropolitan Police (DMP), Office of the Commissioner of Police, Dhaka.

15. The Managing Director, Water and Sewerage Authority (WASA), WASA Bhaban, 98 Kazi Nazrul Islam Avenue, Dhaka.

16. The Managing Director, Dhaka Electric Supply Company Ltd. (DESCO), House No.3 (1st Floor), Road No. 24, Block- K, Banani Model Town, Dhaka.

17. The Managing Director, Dhaka Power Distribution Company Ltd (DPDC), Bidduth Bhaban, Abdul Gani Road, Dhaka.

18. The Managing Director, Titas Gas Transmission and Distribution Co. Ltd., 105, Kazi Nazrul Islam Avenue, Kawran Bazar C/A, Dhaka.

19. The Chief Inspector of Explosives, Department of Explosives, Segunbagicha, Dhaka.

 

 

Facts

The petitioners filed this writ petition being aggrieved by the failure of the concerned authorities to prepare adequately and effectively for preventing and fighting against the fire break outs in the city, reconstruct/renovate/rearrange the Old Dhaka to ensure safety of the inhabitats of the township and prevent unauthorized expansion of hazardous industrial activities in the city particularly in the highh density township of the old Dhaka.

 


Rule/Order/Judgment
Date: 10/06/2010:
Details

The Honorable High Court Division issued a Rule Nisi calling upon the respondents to show cause as to why they shall not be directed to take action and adequate measure for preventing and fighting against fire break-outs in the city, ensure safe and planned development of Old Dhaka and prevent unauthorized setting up of or use of buildings as godowns/warehouses/factories/industries, use of flammable or petroleum products or any hazardous substances, chemicals or explosives in the City particularly in the high density township of the Old Dhaka and also to show cause as to why they should not be directed take necessary measures to

  1. adequately equip the Fire Service and Civil Defence Directorate to prevent and deal with fire break-outs in the city;
  2. undertake scheme, in line with the Master Plan and with participation from the local community and expert groups, to reconstruct/renovate/rearrange the Old Dhaka to ensure safety of the inhabitants of the township;
  3. remove/relocate all unauthorized godowns/warehouses/factories dealing with flammable or petroleum products or any explosives, chemicals from the residential areas of the city particularly from the high density township of Old dhaka and to set up specific zones for such establishments with appropriate and adequate safety measures;
  4. ensure adequate safety measures in all authorized godowns/warehouses/factories dealing in flammable or petroleum products or any explosives/chemicals,
  5. assess the damage and arrange for adequate  compensation to the affected people of Nimtoli so as to enable them to get back to normal life, and
  6. set up burn units in all divisional and district level hospitals.

Pending hearing of the Rule, the said court also  directed the respondents to submit report before it within 03 (three) months as mentioned below;

  1. The report of the inquiry committee headed by official of respondent no.07 formed to find out the cause of the Nimtoli fire break out;
  2. report of the task Forces formed to identify the unauthorized buildings and also the godowns/ware houses/factories with chemicals/explosives and other flammable or petroleum products (both authorized and unauthorized), giving a definite and time bound plan within which such risks shall be removed;
  3. Report indicating locations where hydrant points need to be set up and also the time-limit within which the same shall be set up;
  4. immediately initiate regular dissemination of information about prevention and mitigation of fire through public/private media; and
  5. submit report before this court within six months of giving details through proper monitoring, including inspection, that all holdings of the city have fire extinguishers and fire exists.

 

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Obaidul Hassan



Reference

Area of law
Equality,  Livelihood,  Life,  Fair Trial,  Access to Justice,  Accountability and Institutional Reform

Keywords
Nimtoli fire break out tragedy

Relevant statute

Articles 11, 14, 15, 21, 27, 31 and 32 of the Constitution of the Peoples' Republic of Bangladesh.


Related Proceedings
Database Last Updated on: 2018-10-06 13:51:26
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/870a8-wp-no.-4919-of-2010.pdf




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