PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 7161 of 2015
Date of filing: 2015/07/02
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Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Water Resources
  4. Secretary, Ministry of LGRD and Co-operative Division
  5. Mayor, Barisal City
  6. Chairman, National River Protection Commission
  7. Director General, Department of Environment
  8. Director General, Bangladesh Water Development Board
  9. District Commissioner, Barisal
  10. Director, Department of Environment
  11. Chief Engineer, Bangladesh Water Development Board
  12. UpazillaNirbahi Officer, BarislaSadar
  13. Assistant Commissioner (Land), Barisal Sadar
  14. Upazilla Engineer, Local Government Engineering Department, Barisal Sadar
Facts

“Lakutia Khal” has contributed significantly to the economic development and maintenance of the ecological balance of Barisal Sadarupzilla. It has reduced drastically due to unsustainable structural interventions, many encroachments and illegally made dumps, so that it no longer is used for navigation. Farming and fishing communities faced miseries due to reduced flow. Hectors of agricultural lands farmer suffered irrigation scarcity.    

Rule/Order/Judgment
Date: 05/07/2015


Details

The High Court Division issued a Rule Nisi to show cause as to why the respondents should not be directed to demarcate the “Lakutia Khal” and protect its flow, and stop illegal encroachment, hazardous and unlawful construction on it, and also for restoring it to its original flow by removing all illegal and hazardous encroachments and structures. The Respondents were also directed toprepare an Environmental Management Plan report assessing the impact of the sluice gate at Lakutia, prepare a list of illegal embankment and structures constructed on Lakutia, and to submit a compliance report within 6 weeks from the date of receipt of the notice.

Justices

Mrs. Justice Zinat Ara

Mr. Justice J.N. Deb Choudhury



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Livelihood,
Accountability and Institutional Reform
Keywords
Lakutia Khal case
Relevant statute

Constitution, Articles 18A, 31, 32 and 102;

Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);

Environment Conservation Rules, 1997;

Bangladesh Water Development Board Act, 2000;

National River Protection Commission Act, 2013;

Bangladesh Water Act, 2013;

মহানগরী, বিভাগীয় শহর ও জেলা শহরের পউর এলাকাসহ দেশের সকল পউর এলাকার মাঠ, উম্মুক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলধার সংরক্ষণ আইন, ২০০০;

Land Management Manual, 1990





Case Number: Writ Petition No. 7161 of 2015
Date of filing: 2015/07/02

Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Water Resources
  4. Secretary, Ministry of LGRD and Co-operative Division
  5. Mayor, Barisal City
  6. Chairman, National River Protection Commission
  7. Director General, Department of Environment
  8. Director General, Bangladesh Water Development Board
  9. District Commissioner, Barisal
  10. Director, Department of Environment
  11. Chief Engineer, Bangladesh Water Development Board
  12. UpazillaNirbahi Officer, BarislaSadar
  13. Assistant Commissioner (Land), Barisal Sadar
  14. Upazilla Engineer, Local Government Engineering Department, Barisal Sadar
Facts

“Lakutia Khal” has contributed significantly to the economic development and maintenance of the ecological balance of Barisal Sadarupzilla. It has reduced drastically due to unsustainable structural interventions, many encroachments and illegally made dumps, so that it no longer is used for navigation. Farming and fishing communities faced miseries due to reduced flow. Hectors of agricultural lands farmer suffered irrigation scarcity.    


Rule/Order/Judgment
Date: 05/07/2015:
Details

The High Court Division issued a Rule Nisi to show cause as to why the respondents should not be directed to demarcate the “Lakutia Khal” and protect its flow, and stop illegal encroachment, hazardous and unlawful construction on it, and also for restoring it to its original flow by removing all illegal and hazardous encroachments and structures. The Respondents were also directed toprepare an Environmental Management Plan report assessing the impact of the sluice gate at Lakutia, prepare a list of illegal embankment and structures constructed on Lakutia, and to submit a compliance report within 6 weeks from the date of receipt of the notice.

Justices

Mrs. Justice Zinat Ara,  

Mr. Justice J.N. Deb Choudhury



Reference

Area of law
Environment,  Livelihood,  Accountability and Institutional Reform

Keywords
Lakutia Khal case

Relevant statute

Constitution, Articles 18A, 31, 32 and 102;

Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);

Environment Conservation Rules, 1997;

Bangladesh Water Development Board Act, 2000;

National River Protection Commission Act, 2013;

Bangladesh Water Act, 2013;

মহানগরী, বিভাগীয় শহর ও জেলা শহরের পউর এলাকাসহ দেশের সকল পউর এলাকার মাঠ, উম্মুক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলধার সংরক্ষণ আইন, ২০০০;

Land Management Manual, 1990


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