Plan 403: Legal Basis of Planning

Presentation on Court Case

WRIT PETITION FILED AGAINST PURBACHAL NEW TOWN PROJECT

BY RAJUK

Prepared by
Rifah Mashiat Jane
Ridma Quddus

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Background For The Petition
• Rajdhani Unnayon Katripakhya
(RAJUK) took up a housing project
in 1995 called Purbalchal New
Town Project comprising an area of
6140 acre land located between
Sitalakhya and Balu rivers

• The project area includes 1600 acre

land appertaining to Barakau and
Parabartha mauza under Gazipur
district comprising 42% dense
forest largely of gajarigarh type.

• The project implemented as per its

layout plan would transform vast
wetlands and dense forest into urban
landscape adversely affecting
biodiversity and environmental
balance
Figure: Map showing the existence of dense forest (Gajarigarh) under Purbachal
New Town
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Project (2001). 2
Writ Year Petitioners Defenders Date of Judge
no. Hearing ment
8098 2013 1. Ain o Salish Kendra (ASK) 1. Secretary, Ministry of Housing and Public Works 12.2.14, 11.03.1
2. Association for Land Reforms 2. The Secretary, Ministry of Land, 17.2.14, 4
and Development (ALRD) 3. The Secretary, Ministry of Environment and Forest, 18.2.14,
3. Bangladesh Environmental Bangladesh Secretariat, Shahabagh, Dhaka. 20.2.14
Lawyers’ Association (BELA) 4. Chairman, RajdhaniUnnayanKartipakkha 24.2.14
4. Bangladesh PoribeshAndolon (RAJUK)
(BAPA) 5. Director General, Department of Environment,
5. Institute of Architects 6. Deputy Commissioner, Gazipur
Bangladesh (IAB) 7. UpazillaNirbahi Officer, KaligonjUpazila, Gazipur.
6. PorbeshBachaonAndolon 8. Project Director, Purbachal New Township Project,
(POBA) Dhaka.
7. Nijera Kori 9. Mr. Ataur Rahman
Advocates: 10. Mr. Nurujjaman Khan
Mr. Fida M. Kamal with Mr. Advocates:
A.M. Aminuddin and Mr. Iqbal Mr. Mahbubey Alam, Attorney General Mr. Md.
Kabir Motaher Hossain, DAG and Mr. Md. Ekrasmul
Hoque

Justice: Mr. Justice M. Moazzam Husain, and Mr. Justice Md. Badruzzaman

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Writ Year Petitioners Defenders Date of Judge
no. Hearing ment
1166 2012 Mohammad Kamrul Ahsan Government of Bangladesh, 12.2.14, 11.03.
(Sumon) and others represented by the Secretary, Ministry 17.2.14, 14
of Environment and Forests, 18.2.14,
Advocates: Banagadesh Secrtariat, Dhaka and 20.2.14
Mr. A.F. Hasan Arif with Mr. M. others. 24.2.14
Moksadul Islam,
Advocates:
Mr. Mahbubey Alam, Attorney General
Mr. A.F.M. Mesbahuddin with Mr. Md.
Motaher Hossain, DAG and Mr. Md.
Ekrasmul Hoque,

Justice: Mr. Justice M. Moazzam Husain, and Mr. Justice Md. Badruzzaman

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 KEY ISSUE OF THE CASE

For planned For promoting For defending their

development of safety and rights to live in safe
townships comfort of city and descent
dwellers environment.

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 KEY ISSUE OF THE CASE

For direction to For direction to Protection of forest,

protect and protect and conserve biodiversity and
conserve the forest waterbodies and environmental
(Shaalbon) and wetlands of Barakau balance involving
agricultural lands and Parbartha mauza common questions of
law and facts

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Documents Shown by the Petitions and its Findings

Document 1: Report with Existing Land-use Map of Gazipur Part (2010)

Findings:
a) Most of the lands of the two mauza (1300 acre) are raised and is mostly covered by dense shal forest locally known
as gazarigarh. There are orchards and valuable medicinal plants. The area is topographically rich and environmentally
critical
b) High Court Division directed RAJUK in Writ Petition No. 1460 of 2006 to take appropriate steps to protect
environment of the area and the government to declare the area as ecologically critical if found expedient so to do and
c) the legal requirement of obtaining environment clearance certificate by submitting EIA report is not yet fulfilled.

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Documents Shown by the Petitions and its Findings

Document 2: The existing landuse map of Gazipur part purportedly prepared by DatEx (2010)
Findings:
a) Demonstrates 190.73 acres as forest and 486.77 acres as ‘mixed forest’.
By the two documents the petitioners tried to show that at least 190.73 + 486.77 acre land is covered by ‘core forest’
and ‘mixedforest’ respectively.
But RAJUK surreptitiously passed off the mixed forest area as ‘Homestead Vegetation’, meaning thereby that the major
part of the forest is going to be destroyed substantially affecting ecosystem and environment.

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 KEY LEGAL/OTHER LOGIC PUT FORWARD BY THE PETITIONER

1 2 3
RAJUK did not procure Location clearance Environmental study
environmental clearance certification taken from prepared without any
certificate and failed to specific terms of reference
report to the DoE about the DoE stood cancelled which is not a substitute of
Environment Impact and was never renewed. EIA, violating Bangladesh
Assessment (EIA) Environment
Conservation Act, 1995.

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 KEY LEGAL/OTHER LOGIC PUT FORWARD BY THE PETITIONER

4 5 6
land use plans prepared RAJUK kept the landuse Review committee formed by
by DatEx in furtherance plan concealed and the ministry was entrusted to
of the Prime Minister’s review the DAP of Dhaka city
arbitrarily prepared the
directives has not been not of Purbachal project. The
incorporated in impugned layout plan committee gave its opinion
developing the layout substantially deviating from merely within the terms of
plan of the project. the existing landuse map reference not beyond.

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 RELEVANT STATUE OF THE CASE
Constitution, Articles 15, 18A, 21, 31, 32, 40 and 42;

Acquisition and Requisition of the Immovable Property Ordinance, 1982 (Ordinance No. XXXIII of 1982);

Bangladesh Environment Conservation Act, 1995 (Act No. I of 1995);

Environment Conservation Rules, 1997 (Act No. XXXVI of 2000);

Forest Act, 1927;

The Forest Policy, 1994;

Forestry Sector Master Plan, 1993-2012;

The Town Improvement Act, 1953

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 ON WHICH GROUND DEFENDANT ARGUES

RAJUK claimed-
Forest stands over not more than 190.73 acres land of the two mauza out of which 43 acres are
scattered forest-pockets situated at twenty different locations. But the rest 144.73acre core forest is
reserved intact. RAJUK put in three supplementary affidavits placing on records several
documents.
JANUARY FEBRUARY MARCH

2010
Supplied a sheet of pre-project land- Made clear its compulsion for clearing the Specifically addressed saying that
use categories called “ Existing forest pockets and brought records of a map environmental impact assessment has
Landuse Statistics”. There was an EIA called “Existing Landuse Map of Gazipur already been made and EIA Report is
carried out in connection with the Part” with a statistics demonstrating 629.70 prepared in January, 2014. A set of new
project and a report prepared in acres as cultivable land, 486.77 acre as documents were also supplied with the
January, 2014. ‘homestead vegetation’ and 190.73 acre as affidavit
core forest.

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DOCUMENTS PLACED BY RAJUK TO DENY THE ALLEGATION
RAJUK placed on records at least seven documents, namely,
1) “Comparative Statistics among the 2nd 3rd & 4th Modifications Land-use Map
regarding Environmental Planning Issues in the Purbachal New Town”
2) “Existing Land-use Statistics”
3) Land-use In Details
4) “Existing Land-use Map of Gazipur Part”
5) “Summary Land (Plot/Dag) Schedule Covered by Forest, Urban Green, Park,
Green Belt, (Lake/Khal) Play-Ground, Neighborhood Play-Lot, Walkway &
Lake/ Canal under PS Mouza Barakau & Parabartha including twenty-seven
pages breakdown per RS Mauza, Plot/Dag number and area.
6) “ Purbachal New Town Project: Schedule of Forest (Core)” 14 along with a 3-
page information sheet.
7) “Purbachal New Town Project: Reserved Forest (Core) Segment-wise Map”

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Purbachal New Town Project : Schedule of Forest (core)
• RAJUK Kept the forest to protect the SHAL/GOZARI trees in the Purbachal New Town Project at the Barakau &
Parabartha Mouza.
• Total Forest Area has preserved 163.582 acres at that 2 Mouzas in the layout plan.
• Dedicated Forest named Forest (core) area is 144.770 acres.
• Forest (core) comprises 6 segments forest which situated in the sector 24 & 25 of Purbachal New Town.

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Respondents are accordingly directed –
• Not to efface, subtract, vary, modify, or change the forest (core), forest, lake/canals, urban green, parks,
playgrounds/playlots, green-belt
• Similar other environment-oriented spaces of the project as demonstrated in the documents contained in Annex-16, 17 &
18 cannot be modified.
• Not to efface, subtract, vary or modify supporting documents produced by RAJUK to the derogation of their basic
purposes without permission to be taken from this court.

Writ Petition No.8098 of 2013 was not defeated on maintainability count, for the purpose.
• The Writ Petition No. 8098 of 2013 shall remain pending and the direction given shall sustain as continuing mandamus
if this court will not dispose of the same by an express order.
• The Registrar is directed to ensure safety and orderly maintenance of the records of Writ Petition No.8098 of 2013
including the EIA Report submitted by RAJUK.

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 THANK YOU

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