BLAST vs. Bangladesh and others [‘Untreated Industrial Waste’ Case]

Writ Petition No. 5007 of 2006

High Court Division of the Supreme Court

Facts:
BLAST filed a writ petition challenging the continued inaction by the concerned authorities, in particular the Ministry of Environment, to address the discharge of untreated industrial waste into Dholai Beel, Bongshi River and the Dholai Canal by factories in and around the Savar Export Processing Zone (EPZ), causing serious environmental degradation, loss of habitat to flora and fauna, environmental pollution and health risks to those living in areas surrounding the Savar EPZ.

Argument:
The petitioners argued that the failure of the concerned authorities to comply with the provisions of the Environmental Conservation Act, 1995 and the Environmental Conservation Rules, 1997 and in particular, allowing the operation of industrial units without issuing any environmental clearance certificate, Environmental Impact Assessment and without installation of Effluent Treatment Plants and the failure to control discharge of industrial waste into water bodies constitutes a violation of the right to life as guaranteed under Article 32 of the constitution.

Order
: The High Court Division on 25.05.2006 issued a Rule Nisi to show cause why it should not declare that the respondents have failed to discharge their statutory and constitutional obligations and be directed to ensure installation of adequate waste treatment devices in the Savar EPZ.

Laws Cited: Constitution, Article 32; Environmental Conservation Act, 1995 and Rules, 1997

Status: Pending hearing

 

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