IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 5739 OF 2013.

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.

-And-

IN THE MATTER OF:

Bangladesh Environmental Lawyers Association (BELA ...…Petitioner.

-Versus-

The Government of the People’s Republic

of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka and others.

...Respondents.

Mrs. Syeda Rizwana Hasan, Advocate

with

Mr. Minhazul Hoque Chowdhury and

Mr. Sayeed Ahmed Kabir, Advocates

...…For the petitioner

Mr. Md. Bodruddoza, Advocate

......For the respondents No.7 & 11.

Mr. M. Sirajul Islam, Advocate

.....For the respondent No.6.

Present :

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Muhammad Mahbub Ul Islam

Heard On: 28.10.2021, 25.11.2021 & 15.12.2021

And

Judgment on : 10.03.2022.

K. M. Kamrul Kader, J :

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh this Rule Nisi was issued on 03.06.2013, in the following terms:-

“Let a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned tenders dated 20.04.2013 and 23.04.2013 (Annexures-‘D’ and ‘D-1’ respectively) issued by the respondent No.11 shall not be declared to have been issued without lawful authority and of no legal effect as the same is violative of applicable laws and against the public interest, and further to show cause as to why they shall not be directed to protect the ‘Uddans, playgrounds, open spaces, ponds, ditches and wetlands’ falling within the land area of the Chittaranjan Cotton Mills and thereby hand over the same to respondent No.6 for proper management and maintenance as required under the Local Government (City Corporation) Act, 2009 and/or pass such other or further order or orders as to this court may seem fit and proper.

Facts relevant for disposal of the Rule, are that, the petitioner is Bangladesh Environmental Lawyers Association (hereinafter referred to as BELA) a society registered under the Societies Registration Act, 1860 being registration No.1457(17) dated 18.02.1992. It is stated that the rapid and uncontrolled urbanization of the Capital and the townships and vicinities around are taking away from the dwellers the last sources of relief and respite from the over congested cities. The greeneries are disappearing, wetlands shrinking and open spaces being grabbed for the purposes of housing, industrialization and other economic activities completely denying the need of breathing spaces for the dwellers of the major cities and towns of the country. To arrest such unregulated expansion of the townships and to regulate urbanization in City areas, the Government in the year 2000 enacted Act No.36 that has prohibited any changes in the nature of open spaces, udyans, playgrounds and wetlands without clearance of the concerned agencies that can only be issued in consideration of greater public interest. Unfortunately, the great public interest purpose of this law has been largely frustrated by the leniency of the public agencies responsible for its implementation that are generally seen succumbing to the pressures of the land grabbers and corporate interests keen to change the areas intended to be protected by Act No. 36 of 2000 for short-term financial gains. The City of Narayanganj is no exception to this where the greeneries, wetlands and open spaces at disappearing fast against unregulated trend and pace of urbanization and commercialization. The industrial City of Narayanganj had many jute mills that in course of time were closed down by the Government for various reasons. Some of these mills include the Chittaranjan Cotton Mills, Lakshmi Narayan Cotton Mills, Rally Brothers and so on. Located within the Narayanganj City Corporation area, the land properties of these mills, under the ownership and

administrative control of respondent Nos. 5 and 7 and the Jute