The Environment Conservation Act, 1995
Section-4
Writ petition in public interest,
impugning the continued failure by the government and other public
authorities, in particular the respondent No. I to comply with their legal
duties under the existing laws including the Environment Conservation Act 1995
and the Environment Conservation Rules 1997 in taking action, inter alia, to
seal tube- wells contamined with arsenic and to test water quality and to
ensure that the contents of arsenic in the groundwater did not exceed a
particular quantity as noted in the Environment Conservation Rules
1997......(2) Rabia Bhuiyan, M P vs. Ministry of Local Government (Md. Tafazzul
Islam (Civil) 5ADC 1
Bangladesh Environment Conservation Act 1995
Section 5- Lease of Lands in Hotel/Motel Zone of Cox's Bazar- The policy of preservation of the ecological balance and protection of the natural resources of our country not only for our future generations, but also to ensure protection of the environment from degradation and the harmful effects of climate change.
All leases within Jhilanja Mouza granted after 19.04.1999 be cancelled in the same way as those of the writ-petitioners and any constructions made thereon be demolished. Of course, the lease holders shall be compensated for their loss due to such cancellation/demolition. We further direct that henceforth no lease shall be granted within Jhilanja Mouza or any area which has been classified as ecologically critical area.
We finally re-iterate that the petitioners shall be fully compensated for their loss due to the cancellation of their leases, in accordance with the decision of the High Court Division. ... Mahbubul Anam =VS= Ministry of Land, Bangladesh, [7 LM (AD) 367]
Section 5- Right to life as guaranteed by the Constitution includes the right to protection and improvement of the environment and ecology- The Supreme Court of Bangladesh, on umpteen occasions, has given directives and guidelines to the government to demarcate the rivers as per their original borderlines and to restore free flow of water restraining the illegal attempts of their encroachments and to save them from being perished. Many housing companies and land developers found engaged in changing the nature and features of wetlands and rivers have already been stopped because of the proactive role of the Judiciary of Bangladesh. But, nevertheless, we have a long way to go and take a firm stand to build up public awareness and legislate more stringent laws to cope with the needs of the changing society, otherwise it will be difficult for us to protect the bountiful treasures of nature and ensure environmental security without which the lives of our posterity will be at stake. ... Ministry of Land, BD =VS= Mohammad Mushfaqur Rahman, [8 LM (AD) 325]
Section 20 & 4 Legal action against the private plaintiffs want to convert the suit land into industrial plot by felling trees- There is no denying fact that almost entire plot or a portion thereof is covered by various plantations. As per provisions of section 20 of the 'পরিবেশ সংরক্ষণ আইন, ১৯৯৫, the Director General has power under section 4 of the Ain to close down any industrial organisation if he is satisfied that such closure is necessary for conservation, preservation protection of environment. By felling the standing trees if a textile mill is set up in the suit land, the environment of the locality will be affected. The Forest Officer may take legal action against the plaintiffs through the Director General for the conservation of the environment if the private plaintiffs want to convert the suit land into industrial plot by felling trees. Government of Bangladesh =VS= Md. Shawkat Hossain, [4 LM (AD) 209]
