BLAST and others vs. Bangladesh and others [‘Car Park’ Case]

Writ Petition No. 1534 of 1999

High Court Division of the Supreme Court of Bangladesh

Facts:
BLAST along with allottees of Gulshan Model Town filed a writ petition challenging the actions of RAJUK in converting an area earmarked as open space in the lay out plan into commercial plots and calling for an auction sale by publishing advertisements in newspapers.

Argument:
The petitioners argued that the conversion is in violation of sections 38, 45, 52 of the Town Improvement Act, 1953. The reported judgments in Sharif Nurul Ambia v Deputy Commissioner and others, 58 DLR (AD) 253 and M Saleem Ullah and others v Bangladesh, 55 DLR 1 further substantiated the lack of authority for such conversion and the ensuing environmental hazards.

Order: The Court initially issued a Rule Nisi, but upon hearing the parties delivered judgment on 15.112007 discharging the Rule. The Court took into consideration the earlier cases filed by the petitioners and noted that one of the petitions, WP No. 688/1999 was later non-prosecuted and other one was reported in 6 MLR (AD) 68, in which the Court refused to grant the relief sought. The Court held that the case was of ‘private injury couched with public injury’ and as such BLAST does not have locus standi, coupled with the fact that environmental hazard could not be established. The Court was also of the view that the provisions of the Town Improvement Act, 1953 were applicable only to the master plan and not in respect of the lay out plan.

Laws Cited:
Constitution; The Town Improvement Act, 1953

Status:
Not pressed.

 

 

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