PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No.7123 of 2006
Date of filing: 2006/07/24
Print


Petitioners
  1. Bangladesh Environmental Lawyers’ Association (BELA);
  2. Bangladesh Legal Aid and Services Trust (BLAST);
Respondents
  1.  Secretary, Ministry of Water Resources;
  2. Secretary, Ministry of Land;
  3. Secretary, Ministry of Local Government;
  4. Secretary, Ministry of Environment and Forest;
  5. Secretary, Ministry of Agriculture;
  6. Secretary, Ministry of Fisheries and Livestock;
  7. Divisional Commissioner, Khulna;
  8. Director General, Department of Environment;
  9. Chairman, Bangladesh Water Development Board;
  10. Deputy Commissioner, Jessore;
  11. Divisional Engineer, Bangladesh Water Development Board;
  12. Superintendent Engineer, Bangladesh Water Development Board;
  13. Deputy Director, Department of Environment;
  14. UpazillaNirbahi Officer, Abhaynagar, Jessore;
  15. UpazillaNirbahi Officer, Manirampur, Jessore;
  16. UpazillaNirbahiOfficer, Keshabpur, Jessore
Facts

BLAST and the Bangladesh Environmental Lawyers Association (BELA) filed a writ petition seeking directions to address the sufferings of the local people of Abhaynagar, Manirampur and KeshabpurUpazillas of Jessore caused by the long standing water logging resulting from the implementation of the faulty Khulna Jessore Drainage Rehabilitation Project (KJDRP) funded by the Asian Development Bank (ADB) and the Bangladesh Water Development Board (BWDB). The inhabitants of the localities were compelled to live an inhuman life because their homesteads, agricultural lands, academic institutions and roads had been water logged since October 2005.

Rule/Order/Judgment
Date: 13/08/2006


Details

The Court issued a Rule Nisi upon the respondents to show cause as to why the failure to take necessary steps to resolve the prolonged water logging in the three Upazillas of Jessore to protect the lives, properties, livelihood, safety, comfort and health of the villagers from the adverse impact of such unprecedented water congestion should not be declared to be without lawful authority and why they should not be directed to draw up necessary action plans in consultation with the local people and why a direction should not be issued upon the respondents to form an appropriate committee to permanently resolve the catastrophe and arrange for adequate compensation for the local people against the losses resulting from such water logging. Pending hearing, the Court also directed the respondents to provide all such services, products, goods and other supports as are required within the resources of the government to ensure that the people of the affected villages of the three Upazillas are safely located and are receiving food, water, medicine and other essentials during such period as the water logging continues and to take immediate interim measures to pump out or otherwise arrange for recession of water from the affected villages.

Justices

Mr Justice Syed Muhammad Dastagir Husain

Mr Justice Mamnoon Rahman



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Livelihood,
Life,
Land
Keywords
Water Logging Case
Relevant statute

Constitution, Articles 15, 17, 20, 31, 32, 40 and 42;

The Embankment and Drainage Act 1952;

Bangladesh Water Development Board Act 2000;

Water Resource Planning Act 1992;

Canals Act 1864;

Irrigation Act 1876;

Agricultural and Sanitary Improvement Act 1920;

Bangladesh Water Development Boards Order 1972;

Bangladesh Environment Conservation Act 1995;

Bangladesh Environment Conservation Rules 1997;

Local Government (Union Parishads) Ordinance 1983





Case Number: Writ Petition No.7123 of 2006
Date of filing: 2006/07/24

Petitioners
  1. Bangladesh Environmental Lawyers’ Association (BELA);
  2. Bangladesh Legal Aid and Services Trust (BLAST);
Respondents
  1.  Secretary, Ministry of Water Resources;
  2. Secretary, Ministry of Land;
  3. Secretary, Ministry of Local Government;
  4. Secretary, Ministry of Environment and Forest;
  5. Secretary, Ministry of Agriculture;
  6. Secretary, Ministry of Fisheries and Livestock;
  7. Divisional Commissioner, Khulna;
  8. Director General, Department of Environment;
  9. Chairman, Bangladesh Water Development Board;
  10. Deputy Commissioner, Jessore;
  11. Divisional Engineer, Bangladesh Water Development Board;
  12. Superintendent Engineer, Bangladesh Water Development Board;
  13. Deputy Director, Department of Environment;
  14. UpazillaNirbahi Officer, Abhaynagar, Jessore;
  15. UpazillaNirbahi Officer, Manirampur, Jessore;
  16. UpazillaNirbahiOfficer, Keshabpur, Jessore
Facts

BLAST and the Bangladesh Environmental Lawyers Association (BELA) filed a writ petition seeking directions to address the sufferings of the local people of Abhaynagar, Manirampur and KeshabpurUpazillas of Jessore caused by the long standing water logging resulting from the implementation of the faulty Khulna Jessore Drainage Rehabilitation Project (KJDRP) funded by the Asian Development Bank (ADB) and the Bangladesh Water Development Board (BWDB). The inhabitants of the localities were compelled to live an inhuman life because their homesteads, agricultural lands, academic institutions and roads had been water logged since October 2005.


Rule/Order/Judgment
Date: 13/08/2006:
Details

The Court issued a Rule Nisi upon the respondents to show cause as to why the failure to take necessary steps to resolve the prolonged water logging in the three Upazillas of Jessore to protect the lives, properties, livelihood, safety, comfort and health of the villagers from the adverse impact of such unprecedented water congestion should not be declared to be without lawful authority and why they should not be directed to draw up necessary action plans in consultation with the local people and why a direction should not be issued upon the respondents to form an appropriate committee to permanently resolve the catastrophe and arrange for adequate compensation for the local people against the losses resulting from such water logging. Pending hearing, the Court also directed the respondents to provide all such services, products, goods and other supports as are required within the resources of the government to ensure that the people of the affected villages of the three Upazillas are safely located and are receiving food, water, medicine and other essentials during such period as the water logging continues and to take immediate interim measures to pump out or otherwise arrange for recession of water from the affected villages.

Justices

Mr Justice Syed Muhammad Dastagir Husain,  

Mr Justice Mamnoon Rahman



Reference

Area of law
Environment,  Livelihood,  Life,  Land

Keywords
Water Logging Case

Relevant statute

Constitution, Articles 15, 17, 20, 31, 32, 40 and 42;

The Embankment and Drainage Act 1952;

Bangladesh Water Development Board Act 2000;

Water Resource Planning Act 1992;

Canals Act 1864;

Irrigation Act 1876;

Agricultural and Sanitary Improvement Act 1920;

Bangladesh Water Development Boards Order 1972;

Bangladesh Environment Conservation Act 1995;

Bangladesh Environment Conservation Rules 1997;

Local Government (Union Parishads) Ordinance 1983


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