IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION) Writ Petition No. 1789 of 2011

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Advocate Khan Himayat Uddin and another

...........the petitioners

-Versus-

Government of Bangladesh, represented by the Secretary, Prime Minister’s Secretariat, Tejgaon, P.S.- Tejgaon, District: Dhaka

.......Respondents Mr. Manzill Murshid, Advocate

...…For the petitioners

Mr. ABM Abdullah Al Mahmud, DAG

... For the respondents

Present

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Mohammad Ali

Heard On: 18.11.2021, 08.06.2022, 10.08.2022, 24.10.2022, 05.12.2022, 17.01.2023

And

Judgment On: 16.03.2023.

K. M. Kamrul Kader, J :

On an application under Article 102 of the Constitution of the

People’s Republic of Bangladesh Rule was issued on 02.03.2011, in following terms:-

“Let a Rule Nisi was issued calling upon the respondents to show cause as to why a direction should not be given upon the respondents to carry out the

social forestation project in a way to make it useful for the public and environment development and to implement the plantation of forest as proposed in the letter dated 15.01.2009 (Annexure-A-2) to raise the nutrition level and standard of health of the citizen and /or pass such other or further order or orders to this court may seem fit and proper.

Facts relevant for disposal of the Rule are brief that, the petitioner is an Advocate and well known tree-lover. He had an extensive knowledge on cultivation of land and tree. His theory on “poverty relieve by fruit plantation”, is already well-known plan through newspapers and appreciated by different organ of the Government. The petitioners as a member of Khulna Bar Association and being a conscious citizen, he is trying to execute a workable social forestation plan. As a conscious citizen, the petitioner sought for enforcement of social forestation project, in a way to make it useful for the public and to implement the plantation of forest for environmental development of the Country and its people. Thus, the petitioner filed this application under Article 102 of the Constitution of Bangladesh as a public Interest Litigation in order to playing a role to fulfil the nutrition of the citizen as the matter directly affect the people and environment of Bangladesh.

It is stated that forestation has been a part of “Daridro Bimochon Kormoshuchi” (DBK). However, this movement which has been taken by the Government has proven fruitless as the trees has been planted are not useful to the people. As it can be seen that previously the government took project relating to ‘forest’ and as such, one project for ‘fruit’ trees, required to be planted. It is stated that the Government may took initiatives to execute a workable social forestation plan relating to (1) forest, (2) fruit and (3) organic trees required to be planted. Provided that the forest and fruit plants cannot grow and cultivate together, if the forest and fruit trees cultivate together then the fruit trees will merely grow but will not produce any fruit, so these trees together will not grow and will not contribute to the public, thus the purpose of the entire scheme will fail. The petitioner has personal knowledge and experience relating to the tree plantation as being a son of a farmer and for his personal interest on plant and plantation. He has published a book naming “Daridromukto Desh Gorbar Ongikar- (Sohojtomo Daridro