PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No.1534 of 1999
Date of filing: 1999/05/16
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Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)

2. Mrs ShamsunNahar Ahmed

3. Mr Abu Taher Miah

4. Dr KM Maqsudur Rahman

Respondents

1. Secretary, Ministry of Housing and Public Works

2. Chairman, RajdhaniUnnayanKartripakkha (RAJUK)

3. Deputy Director (Estate), RAJUK

4. Chief Engineer, RAJUK

Facts

BLAST along with allottees of Gulshan Model Town filed a writ petition challenging the actions of RAJUK in converting an area earmarked as open space in the layout plan into commercial plots and calling for an auction sale by publishing advertisements in newspapers.


 

Rule/Order/Judgment
Date: 09/05/1999


Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the impugned action of RAJUK inviting auction notice for sale of commercial plots should not be declared to have been made without lawful authority and is of no legal effect, and directed RAJUK not to open auction bid till the hearing of the case.

Justices

Mr Justice Mohammad Fazlul Karim

Mr Justice Md Ali Asgar Khan

 

 

 



Date: 15/11/2007


Details

The Court initially issued a Rule Nisi, but upon hearing the parties delivered judgment on 15.11.2007 discharging the Rule. The Court took into consideration the earlier cases filed by the petitioners and noted that one of the petitions, WP No. 688/1999 was later non-prosecuted and other one was reported in 6 MLR (AD) 68, in which the Court refused to grant the relief sought. The Court held that the case was of ‘private injury couched with public injury’ and as such BLAST does not have locus standi, coupled with the fact that environmental hazard could not be established. The Court was also of the view that the provisions of the Town Improvement Act, 1953 were applicable only to the master plan and not in respect of the lay out plan.

Justices

Mr Justice Tariq ul Hakim

Mrs Justice Farah Mahbub



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Land
Keywords
Car Park Case
Relevant statute

Constitution; The Town Improvement Act, 1953





Case Number: Writ Petition No.1534 of 1999
Date of filing: 1999/05/16

Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)

2. Mrs ShamsunNahar Ahmed

3. Mr Abu Taher Miah

4. Dr KM Maqsudur Rahman

Respondents

1. Secretary, Ministry of Housing and Public Works

2. Chairman, RajdhaniUnnayanKartripakkha (RAJUK)

3. Deputy Director (Estate), RAJUK

4. Chief Engineer, RAJUK

Facts

BLAST along with allottees of Gulshan Model Town filed a writ petition challenging the actions of RAJUK in converting an area earmarked as open space in the layout plan into commercial plots and calling for an auction sale by publishing advertisements in newspapers.


 


Rule/Order/Judgment
Date: 09/05/1999:
Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the impugned action of RAJUK inviting auction notice for sale of commercial plots should not be declared to have been made without lawful authority and is of no legal effect, and directed RAJUK not to open auction bid till the hearing of the case.

Justices

Mr Justice Mohammad Fazlul Karim

Mr Justice Md Ali Asgar Khan

 ,  

 ,  

 ,  


Date: 15/11/2007:
Details

The Court initially issued a Rule Nisi, but upon hearing the parties delivered judgment on 15.11.2007 discharging the Rule. The Court took into consideration the earlier cases filed by the petitioners and noted that one of the petitions, WP No. 688/1999 was later non-prosecuted and other one was reported in 6 MLR (AD) 68, in which the Court refused to grant the relief sought. The Court held that the case was of ‘private injury couched with public injury’ and as such BLAST does not have locus standi, coupled with the fact that environmental hazard could not be established. The Court was also of the view that the provisions of the Town Improvement Act, 1953 were applicable only to the master plan and not in respect of the lay out plan.

Justices

Mr Justice Tariq ul Hakim,  

Mrs Justice Farah Mahbub



Reference

Area of law
Environment,  Land

Keywords
Car Park Case

Relevant statute

Constitution; The Town Improvement Act, 1953


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