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Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....: ......is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM S......ization has mooted this petition to project the melanchoni that River Buriganga has been swamped by, with a prayer to seek our resolute and impassioned intervention to salvage this visibly ravaged life line of the city. 3. The petitioner a practicing lawyer of this Hon’ble Court, also cla..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in:Â 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......010. Result: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of ...... there was violaÂtion of human rights under Article 21 of the Constitution of India, which provision is in verbatim with Article 32 of our Constitution which provides 'No person shall be deprived of life or personal liberÂty save in accordance with law." 11. With the passage of time, the Indian..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
....onnection learned Counsel has relied upon the cases of Dr. Mohiuddin Faruk Vs. Bangladesh, 49 DLR (AD) 1 and Sharif Nurul Ambia Vs. Dhaka City Corporation, 58 DLR (AD) 253.
Environment and Human Rights
54. Environment protection encompasses not only pollution but also sustainable developme......sp;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 200......opportunity for development of agriculture and pisciculture.
The zone will provide a buffer between the central core and the emerging satellite zone thus providing essential open spaces to make life easy and comfortable.
Actions Committed/Required
The area should be enable..
Category: Environmental Law | Date: | Hits: 434
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......s containing hazardous materials, there will be approximately 2200 single-hull oil tankers which will be ready for scrapping by the year 2010. It is accepted that sea-going vessels reach their end of life after 25-30 years. Unless they can be used for some other purÂpose, they are sold for dismantl..Category: Environmental Law | Date: | Hits: 688
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......vironment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
Result:
The Rule is made absoÂlute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and oth......No.9 that the land in question is covered by the said notification cannot be ignored in the context of other circumstantial evidences and documents that were produced during the hearing.
38. Human life and property is much more precious than the immediate commercial benefits. The ship breakers ha..
Category: Environmental Law | Date: | Hits: 891
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......¦â€¦â€¦Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......nts in preventing illegal and destructive actions of the unscrupulous sand extractors is causing irreparable damage to the River and denying to the villagers of the said villages their basic right to life guaranteed under Article 31 and 32 of the Constitution. It has been further submitted that the ..Category: Environmental Law | Date: | Hits: 1019
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....t Project has been ensured and the people of the locality welcomed the project and no fundamental right guaranteed under the Constitution has been violated. 22. Since, the violation of Fundamental Rights guaranteed under Articles 31, 32, 40 and 42 of the Constitution has been seriously alleged by......the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States......onstitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million of people of ..Category: Environmental Law | Date: | Hits: 1051
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2......s of Articles 27 and 31 of the Constitution. Article 27 envisages equality before law whereas Article 31 guarantees protection of law and, in particular; it prohibits detrimental action in respect of life, liberty, body, reputation or property except in accordance with law. Special provisions have b..Category: Environmental Law | Date: | Hits: 551
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......d another……………..Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others.................... Respondents.
Judgment
June 21, 2004.
Cases Referred to-
Messrs Kasturi Lal Lakshmi Reddy, etc. Vs. State of Jammu & Kashmir and another, AIR 198...... submitted that the State cannot do as it pleases and is required to abide by the law of the land.
9. Mr. Alam next submitted that protection of the environment is part of the fundamental right to life. In support of his submission, he has referred to the decision in the case of M Saleem Ullah, A..
Category: Environmental Law | Date: | Hits: 484
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....j Cement Company Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asad....... and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined) Industries Ltd., Sharmagonj, Enayetnagar, Fatullah, Narayangonj represented by its Managing Director Mr. Alhaj Khabir Uddin Moullah...................................................Petitioner (In ......r are playing a great role in the transport sector. Due to continuous encroachment, earth filling and structure buildings in the above mentioned rivers, day by day it is losing its flow affecting the life of the citizen. All the rivers are also playing an effective role in protecting the environment..Category: Environmental Law | Date: | Hits: 344
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......u Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul......e (Kha) of sub‑section 3 of section 4 submitting that the said proviso clearly authorised the Director General to take immediate action on urgent basis if there was any chance of collapse of public life because of the environment pollution. But the sub mission of the learned Deputy Attorney-Genera..
Category: Environmental Law | Date: | Hits: 226
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......ddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the Petitioner. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Peti......rading the quality of environment in the area and neighbourhood necessary for the health and well‑being of the citizens has infringed the fundamental right of the petitioners and other residents to life, which cannot flourish and survive without healthy ecosystem of the area. It is also submitted ..Category: Environmental Law | Date: | Hits: 259
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......ent of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petition No. 891 of 1994 Order In this matter earl......ovisions of Environmental laws meticulously in its letters and spirit, there shall be no river, no water left in and around Dhaka and it will be a dead-city very soon. In such an impending precarious life-threatening situation do we have a choice? We are of the opinion that unless we act quickly dis..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....h Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples Union for Democratic Rights Vs. Union of India, 1982 SC 1473; Rural Litigation and Entitlement Kendra V. State of UP AIR ......n) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. V...... public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; ……………………………………………………..………………………â€..Category: Environmental Law | Date: | Hits: 345
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....Policy refers to the importance of establishing a regulatory framework for ground water management. 17. It also appears that under the International Covenant on Economic, Social and Cultural Rights, 1966 (the Covenant),which was ratified by Government of Bangladesh in the year 1998, ......ellip;…..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR......ohibition or regulation of 'any .....process', subject to certain procedures, provided that the DG may, in cases of urgency, instantly give necessary direction, if it appears that public life is about to be disrupted due to environmental pollution (Section 4(3) Act); - for r..Category: Environmental Law | Date: | Hits: 255
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ...... Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and t......serving the environment, emerged as an instrument of exploitation on the behalf of private interests in the garb of "greater public interest and for acceleration of revenue". The right to life inherent in Article 32 of the Constitution clearly stands against such respective actions. ..Category: Environmental Law | Date: | Hits: 293
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