Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Bangladesh Environment Conservation Rules (1997)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Project: Ashiyan City Prokalpo–

Bangladesh Land Holding (Limitation) Order, 1972 (P.O.98 of 1972)
Sections 3, 4(d)
Private Residential Project Land Development Rules, 2004
Rule 8(1)
State Acquisition and Tenancy Act, 1950
Section 20 r/w 90(3)
Code of Civil Procedure, 1908
Section 114 & Order XLVII rule 1 r/w
Town Improvement Act, 1953;
Environment Conservation Act, 1995;
Environment Conservation Rules 1997;
মহানগরী, বিভাগীয় শহর ও জেলা শহরের পৌর এলাকাসহ দেশের সকল পৌর এলাকার খেলার মাঠ, উন্মুক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলাধার সংরক্ষণের জন্য প্রণীত আইন, ২০০০
Project: Ashiyan City Prokalpo–– It transpires that from the record that the Deputy Commission earlier gave ‘No-objection’ in respect of 55.6 acres of land in favour of the review petitioner-respondent No.1 for its project but it was entitled to retain only 33 acres of land as per Bangladesh Land Holding (Limitation) Order 1972 (P.O. 98 of 1972) and বেসরকারি আবাসিক ভূমি উন্নয়ন বিধিমালা, ২০০৪ at the relevant time. It is evidenced from the record that respondent No.1 got approval of other authorities, including utilities such as Dhaka Electric Supply Company, Dhaka Water Supply and Sewerage Authority, Bangladesh Telegraph and Telephone Board and Titas Gas as well as the Fire Service and Civil Defence, Dhaka Transport Coordination Board, Dhaka Metropolitan Police and Water Development Board. ––Appellate Division is of the view that review petitioner-respondent No.1 is entitled to proceed his project in respect of 33 acres of land pursuant to the permission dated 25.09.2012 and annexures ‘C’, ‘K’ and ‘M’ will be applicable only in respect of the said quantum of land and permission of respective organizations. .....Bangladesh =VS= Ashiyan City Development Ltd. , (Civil), 2024(1) [16 LM (AD) 486] ....View Full Judgment

Bangladesh =VS= Ashiyan City Development Ltd. 16 LM (AD) 486

The Environment Conservation Act, 1995
Section 5 r/w
Environment Conservation Rules (1997) r/w
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, [8 LM (AD) 325] ....View Full Judgment

Ministry of Land, Bangladesh =VS= Mohammad Mushfaqur Rahman 8 LM (AD) 325