BANGLADESH LEGAL AID AND SERVICES TRUST (BLAST) Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possession of their homestead at Gudaraghat/Bhashantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution.

(2.) Short facts leading to this Rule are that the petitioner No.1, Bangladesh Legal Aid and Services Trust (briefly as BLAST), a leading legal aid and human rights Organization filed this writ petition in the public interest to protect and promote the fundamental human rights of the people. Petitioner Nos.2-5 are citizens of Bangladesh and are by profession shopkeepers, small traders, maid servants and petty private service holders respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is situated in CS and SA Plot Nos. 776 measuring an area 1.15 acres of land and 777 measuring an area 0.50 acres of land, total area 1.65 acres of land, under Joarshahara Mauza. The Basti was developed in the year 1996. It was a low lying land filled with deep water. The inhabitants of the said Basti have been residing there by making bamboo platform. Most of the residents are victims of river erosion or landless people. By their self-motivation they jointly constructed a road of mud from the eastern to the western side of the said Basti. They earn livelihood by driving rickshaw/van pulling cart and some are employed as daily labour in the construction sectors. The land in question was acquired in LA Case No. 159/61-62 by the Government for implementation of different projects under the Housing Directorate. Thereafter, Mirpur Housing Estate, Dhaka, made a layout plan of section Nos. 14-17, of Mirpur Housing Estate, Mirpur, Dhaka. There are 127 families residing in the said Basti. The petitioners and other slum dwellers are living in the said Basti by using and utilizing utilities such as water, electricity etc. by paying regular electricity and water bills in the name of Dustho Health Centre having address at West Bhashantek-1 SL No. 3 Dhamal Court, Mirpur, Dhaka. The Government undertook a scheme for rehabilitation of the residents of Bhashantek Basti and other Basti which were implemented jointly by the Ministry of Land and North South Property Development Limited (NSPDL) but the said scheme/project was subsequently stopped. One land grabber is trying to grab this land. They have already hanged a notice board titled Chandpur Shomity (Abul Kashem and others) and they are threatening the people to vacate the said Basti immediately. The existence of the said Basti is well known among the government Ministries and departments including the Ministry of Public Works, Ministry of Home Affairs, Ministry of Womens Affairs and the NGO Affairs Bureau. The Government is actively involved in alleviating the distressed conditions of the destitute people particularly women and children residing in the Basti through various programmes, awareness and co-operation of various government Ministries and agencies. The NGO Affairs Bureau, Ministry of Women and Children Welfare Affairs and various other departments are conducting informal education programmes, primary health care, family planning programme, sanitation and micro-credit programmes in the slums in and around Dhaka City including the said Basti. The slum dwellers of the Basti are able to access credit programmes offered by different NGOs, such as, Foundation for disadvantaged women, and Organization for Social Enlistment (OFSE) and Dushto Shasto Kendro who have started a micro credit programme for the economic empowerments of the vulnerable and destitute women of the said Basti which are duly approved by the Government. There is a clear and positive duty cast upon the Government under the Constitution to provide for the people inter alia, the basic necessities of life (including food, clothing, shelter, education and medical care), the right to work and the rights of social security, which read together with the fundamental rights guaranteed by the Constitution, assured to the petitioner Nos. 2-5 and the other dwellers of the Basti, the protection of their right to life. In spite of such part taken by the Government, some of the interested persons are trying to evict the inhabitants of the Basti immediately. Such action for eviction would be violative of the fundamental rights of the petitioner Nos. 2-5 and other residents of the said Basti.

(3.) Feeling aggrieved by such action of the respondents for eviction from the said Basti, the petitioners preferred this writ petition and obtained this present Rule.