Act/Law wise: Judgment of Supreme Court of Bangladesh


Bangladesh Environment Conservation Act (I of 1995) (বাংলাদেশ পরিবেশ সংরক্ষণ আইন)
Section/Order/Article/Rule/Regulation Head Note
Sections 2Ka and 15

As such pursuant to the non-obstante clause incorporated in section 3 of the "Joladhar Ain 2000" as well as section 2Ka of the Environment Conservation Act 1995, both the laws shall pre-vail over any other law prevailing in the country for the time being in force. Thus the prohibition imposed by section 5 of the Joladhar Ain and section 6(Uma) of the Environment Conservation Act shall automatically come into operation and any violation of the said prohibi-tion shall be dealt with in accordance with sec-tion 8 of the "Joladhar Ain," as well as section 15 of the Environment Conservation Act 1995. President BGMEA Vs. Bangladesh and others (Civil), 5 (2) LNJ 107 ....View Full Judgment

Section 4

Writ petition in public interest, impugn­ing the continued failure by the govern­ment and other public authorities,in par­ticular the respondent No. 1 to comply with their legal duties under the existing laws including the Environment Conservation Act 1995 and the Environment Conservation Rules 1997 in taking action, inter alia, to seal tube-wells contamined with arsenic and to test water quality and to ensure that the contents of arsenic in the groundwater did not exceed a particular quantity as noted in the Environment Conservation Rules 1997.......... (2) Rabia Bhuiyan, M .P vs. Ministry of Local Government (Md. Tafazzul Islam (Civil) 5ADC 1 ....View Full Judgment

Section 5

Lease of Lands in Hotel/Motel Zone of Cox’s Bazar–
The policy of preservation of the ecological balance and protection of the natural resources of our country not only for our future generations, but also to ensure protection of the environment from degradation and the harmful effects of climate change.
All leases within Jhilanja Mouza granted after 19.04.1999 be cancelled in the same way as those of the writ-petitioners and any constructions made thereon be demolished. Of course, the lease holders shall be compensated for their loss due to such cancellation/demolition. We further direct that henceforth no lease shall be granted within Jhilanja Mouza or any area which has been classified as ecologically critical area.
We finally re-iterate that the petitioners shall be fully compensated for their loss due to the cancellation of their leases, in accordance with the decision of the High Court Division. …Mahbubul Anam =VS= Ministry of Land, Bangladesh, (Civil), 2019 (2) [7 LM (AD) 367] ....View Full Judgment

Section 5

read with
Environment Conservation Rules (1997) read with
The Constitution of Bangladesh
Article 32
Right to life as guaranteed by the Constitution includes the right to protection and improvement of the environment and ecology– The Supreme Court of Bangladesh, on umpteen occasions, has given directives and guidelines to the government to demarcate the rivers as per their original borderlines and to restore free flow of water restraining the illegal attempts of their encroachments and to save them from being perished. Many housing companies and land developers found engaged in changing the nature and features of wetlands and rivers have already been stopped because of the proactive role of the Judiciary of Bangladesh. But, nevertheless, we have a long way to go and take a firm stand to build up public awareness and legislate more stringent laws to cope with the needs of the changing society, otherwise it will be difficult for us to protect the bountiful treasures of nature and ensure environmental security without which the lives of our posterity will be at stake. …Ministry of Land, BD =VS= Mohammad Mushfaqur Rahman, (Civil), 2020 (1) [8 LM (AD) 325] ....View Full Judgment

Section 6 Uma

Since BGMEA has constructed the multistoried commercial building upon the said waterbody in violation of the law such illegal construction/ obstruction must be demolished for which the BGMEA or any other person, notwithstanding anything contained in any other law, can not claim any compensation as provided in Section 8(2) of the Joladhar Ain 2000. On the other hand the non-obstante clause of section 6 Uma of the Environment Conservation Act also provides clear prohibition in such construction /erection of any building on the waterbody. President BGMEA Vs. Bangladesh and others (Civil), 5 (2) LNJ 107 ....View Full Judgment

Section 7

Provides for conservation of environment and ecological balance for healthy and better living of the people—
Act No. XXXVI of 2000 provides for punishable offence for violation of the environmental law—
The High Court Division directed the writ respondents to take appropriate measures to remove the encroachments in the river Buriganga, Shitalakha, Turag after ascertaining the boundaries by survey. The authorities concerned issued notices upon the appellants to remove the illegal structures. The apex court found the directions of the High Court Division perfectly justified and accordingly the leave petitions are dismissed. City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh and others 15 MLR (2010) (AD) 389. ....View Full Judgment

Section 12

read with
Environment Conservation Act 1995
Rule 7(4) —No construction of any project can be undertaken without obtaining the Environment Clearance Certificate “(পরিবেশগত ছাড়পত্র)” from the Director General of Environment not ‘site clearance certificate’(অবস্থানগত ছাড়পত্র).
The Appellate Division held that the petitioner’s building admittedly being a fifteen storied commercial building requires both “অবস্থানগত ছাড়পত্র” as well as “পরিবেশগত ছাড়পত্র” which the petitioner failed /did not care to obtain as per requirement of law. In the absence of any environment clearance certificate (পরিবেশগত ছাড়পত্র) obtained from or issued by the Director General of the Department of Environment, no commercial establishment/project can be set up or built as provided in Section 12 read with Rule 7(4).
President, Bangladesh Garments Manufacturers and Exporters Association (BGMEA) 23/1 Panthapath Link Road Kawran Bazar Dhaka. -Vs.- Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others. (Civil) 8 ALR (AD) 304-315 ....View Full Judgment

Section 20 & 4

Legal action against the private plaintiffs want to convert the suit land into industrial plot by felling trees–
There is no denying fact that almost entire plot or a portion thereof is covered by various plantations. As per provisions of section 20 of the ‘f¢l­hn pwlrZ BCe, 1995, the Director General has power under section 4 of the Ain to close down any industrial organisation if he is satisfied that such closure is necessary for conservation, preservation protection of environment. By felling the standing trees if a textile mill is set up in the suit land, the environment of the locality will be affected. The Forest Officer may take legal action against the plaintiffs through the Director General for the conservation of the environment if the private plaintiffs want to convert the suit land into industrial plot by felling trees. .....Government of Bangladesh =VS= Md. Shawkat Hossain, (Civil), 2018 (1) [4 LM (AD) 209] ....View Full Judgment ....View Full Judgment