BLAST and others vs. Bangladesh and others [‘Open Space’ Case]

Writ Petition No. 1649 of 1999

High Court Division of the Supreme Court of Bangladesh

BLAST filed a petition challenging an action by RAJUK to revise the original lay-out plan of the Gulshan North Commercial Area, which would have converted an area clearly earmarked and reserved as open space for the use of car parks into commercial plots. The allottees were thereby deprived of their entitlement to car parks as envisaged in the Master Plan and this proposed use of an area designated as open space also posed a threat to the security of adjacent garments factories in case of fire breakout by blocking access to them.

The petitioners argued that the impugned action was in breach of Sections 38, 45 and 74 of the Town Improvement Act, 1953 inasmuch as no such development scheme was framed, there was no notice regarding such scheme and the open space was converted in contravention of the Master Plan. The fundamental rights of citizens to be treated in accordance with law and right to property as enshrined in the Constitution were violated by the arbitrary action of RAJUK.

: The High Court Division issued a Rule Nisi on RAJUK to show cause as to why the impugned action of converting the alleged open space into commercial plots and inviting auction notice for sale should not be declared to have been made without lawful authority The Court also directed RAJUK not to open auction bid till hearing.

Laws Cited: Constitution, Article 31 and 42; Town Improvement Act, 1953

Pending hearing


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