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



Bangladesh Environment Conservation Act (I of 1995) (বাংলাদেশ পরিবেশ সংরক্ষণ আইন)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
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

President BGMEA Vs. Bangladesh and others 5 (2) LNJ 107
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

President BGMEA Vs. Bangladesh and others 5 (2) LNJ 107