PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5194 of 2004
Date of filing: 2004/08/30
Print


Petitioners
  1. Nijera Kori
  2. Bangladesh Environmental Lawyers Association (BELA)
  3. Bangladesh Legal Aid and Services Trust (BLAST)
  4. Ain o Salish Kendra (ASK)
  5. Association for Land Reform and Development (ALRD)
  6. Bangladesh Society for the Enforcement of Human Rights (BSEHR)
Respondents
  1. The Secretary, Ministry of Land
  2. The Secretary, Ministry of Environment and Forest
  3. The Secretary, Ministry of Home Affairs
  4. The Inspector general of Police, Dhaka
  5. The Divisional Commissioner, Chittagong Division
  6. The Deputy Commissioner, Noakhali District
  7. The Assistant Commissioner (Land), Sadar Upazila, Noakahli
  8. The Assistant Commissioner (Land), Companigonj Upazila, Noakhali
  9. Director of Moitri Agro Fisheries Private Ltimited
  10. Chairman, Bangladesh Agricultural Development Corporation
Facts

The petitioners challenged the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project.

Nijera Kori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.

Rule/Order/Judgment
Date: 01/09/2004


Details

The Hon'ble High Court  Division issued a Rule and stayed the operation of the impugned memo dated 06.05.03 for 6 (six)  months and also directed the respondents to restrain from setting the area for shrimp cultivation for the said period.

Justices

Mr. Justice Md. Abdul Wahhab Miah

Ms. Justice Zinat Ara

 



Date: 23/02/2005


Details

The court extended the earlier granted stay order till disposal of the Rule.


Database Last Updated on: 2019-08-22 17:31:00
Area of law
Equality,
Livelihood,
Shelter,
Life,
Access to Justice,
Discrimination,
Accountability and Institutional Reform
Keywords
Noakhali Char Eviction Case or Shrimp Farming Case
Relevant statute

Articles 15, 19, 27, 31, 32, 42 and 102 of the Constitution ;

Land Reform Ordinance, 1984;

Chapters IV and V of the Land Administration Manual, 1900





Case Number: Writ Petition No. 5194 of 2004
Date of filing: 2004/08/30

Petitioners
  1. Nijera Kori
  2. Bangladesh Environmental Lawyers Association (BELA)
  3. Bangladesh Legal Aid and Services Trust (BLAST)
  4. Ain o Salish Kendra (ASK)
  5. Association for Land Reform and Development (ALRD)
  6. Bangladesh Society for the Enforcement of Human Rights (BSEHR)
Respondents
  1. The Secretary, Ministry of Land
  2. The Secretary, Ministry of Environment and Forest
  3. The Secretary, Ministry of Home Affairs
  4. The Inspector general of Police, Dhaka
  5. The Divisional Commissioner, Chittagong Division
  6. The Deputy Commissioner, Noakhali District
  7. The Assistant Commissioner (Land), Sadar Upazila, Noakahli
  8. The Assistant Commissioner (Land), Companigonj Upazila, Noakhali
  9. Director of Moitri Agro Fisheries Private Ltimited
  10. Chairman, Bangladesh Agricultural Development Corporation
Facts

The petitioners challenged the eviction of around 40,000 landless people from various char lands of Noakhali district purportedly for development of a shrimp project.

Nijera Kori had earlier filed three writ petitions (1162 of 1998, 3091 of 2000 and 7248 of 2003) and in the first two, the High Court had passed orders to protect the landless people from eviction. In Writ Petition No. 7248 of 2003 the then Attorney General appeared and submitted that the Government had decided not to evict the landless people without prior rehabilitation. In spite of this representation, however, the landless people were facing eviction and subjection to abuse, exploitation, threats, intimidation, torture and falsely implication in criminal cases, and the administration had failed to redress the situation.


Rule/Order/Judgment
Date: 01/09/2004:
Details

The Hon'ble High Court  Division issued a Rule and stayed the operation of the impugned memo dated 06.05.03 for 6 (six)  months and also directed the respondents to restrain from setting the area for shrimp cultivation for the said period.

Justices

Mr. Justice Md. Abdul Wahhab Miah

Ms. Justice Zinat Ara

 ,  


Date: 23/02/2005:
Details

The court extended the earlier granted stay order till disposal of the Rule.

Justices


Reference

Area of law
Equality,  Livelihood,  Shelter,  Life,  Access to Justice,  Discrimination,  Accountability and Institutional Reform

Keywords
Noakhali Char Eviction Case or Shrimp Farming Case

Relevant statute

Articles 15, 19, 27, 31, 32, 42 and 102 of the Constitution ;

Land Reform Ordinance, 1984;

Chapters IV and V of the Land Administration Manual, 1900


Related Proceedings
Database Last Updated on: 2019-08-22 17:31:00