BLAST and another vs. Bangladesh and others [‘Non-Compliance with Environment Conservation Rules’ Case]

Writ Petition No. 341 of 2009

High Court Division of the Supreme Court of Bangladesh

Facts:
BLAST, along with another human rights organization, filed a writ petition on 03.12.2008 challenging the establishment and operation of an industrial unit, Al-tech Aluminum Industry, in a residential area in Gazipur, which had allegedly caused widespread environmental pollution and had been operating without obtaining the required Environmental Clearance Certificate and without installation of an Effluent Treatment Plant (ETP).

Arguments: The petitioners pleaded that the industry was operating in violation of the provisions of the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997 and that the respondent had a statutory obligation to order closure of the unit for non-compliance. They further argued that the unauthorised and illegal operation of the unit constituted a violation of the right to life guaranteed under Article 31 of the Constitution.

Order: The High Court issued a Rule Nisi on 02.02.2009 asking the respondents to show cause “as to why they should not be directed to perform their statutory and constitutional duties by shutting down the Al-tech Aluminum Industry, which having failed to take Environment Clearance Certificate under the provision of the Environment Conservation Act, 1995 is polluting the environment, and why such failure should not be declared to be illegal and without any lawful effect.”

Laws Cited: Constitution, Article 31; Environment Conservation Act, 1995; Environment Conservation Rules, 1997

Status: Pending hearing

 

BLAST, YMCA Development Center, 1/1 Pioneer Road, Kakrail, Dhaka-1000, Bangladesh
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