Declaration and direction––
|
Constitution of Bangladesh
Article 102 r/w
জাতীয় নদী রক্ষা কমিশন আইন,
২০১৩
Declaration and direction–– Appellate Division would like to politely
point out that the High Court Division, while passing an unnecessary
lengthy judgment, has discussed many extraneous matters having no nexus in
deciding the merit of the rule. It has also declared a document executed by
the Government to be void ab initio without even examining whether by this
document the Government has sold any part within the boundary/ territory of
the river. Moreover, it has also exceeded its jurisdiction relating to some
directions as discussed. ––The Government must be very cautious about
deciding the matter and the Government shall not under any circumstances
lease or sale any land within the boundary of river Turag including
foreshore areas, or for that matter, any other river of Bangladesh to
protect the biodiversity, ecological balance and environment of Bangladesh.
––The Government/concerned authorities must bear in mind that at the
time of survey, it shall always start the survery from C.S map and then go
to R.S map and not the other way round. ––The rule is disposed of with
the observations and directions made in the body of the judgment.
.....Nishat Jute Mills Limited =VS= Human Rights and Peace for Bangladesh,
(Civil), 2023(1) [14 LM (AD) 210]
....View Full Judgment
|
Nishat Jute Mills Limited =VS= Human Rights and Peace for Bangladesh |
14 LM (AD) 210 |