BLAST and others vs. Bangladesh and others, Writ Petition No.1778 of 1999 [‘Cox’s Bazar Eviction’ Case]

Fact: BLAST, along with three inhabitants of the Baharchara and Stadiumpara area challenged a circular issued by the Deputy Commissioner, Cox’s Bazar and published in local and national dailies, dated on 15.05.1999, inviting sale of the khas land under Cox’s Bazaar and Chakoria municipal area. The petitioners, along with several thousand others, had been in possession of the area for thirty to forty years by duly paying electricity bills and taxes. The circumstances were properly inquired into by the Tahsilder, the Assistant Commissioner Land, the Thana Nirbahi Officer and the Deputy Commissioner, and after due inquiry a recommendation for lease was made in favor of the petitioners. Pending recommendation, the impugned circular was issued and the petitioners made several representations for its withdrawal.

 

Argument: The petitioners argued that the circular inviting sale of khas land was a violation of their right to life, including the right to shelter and the right to property guaranteed by Articles 31, 32 and 42 of the Constitution, read with Article 15. The circular was also in violation of the rules of the Non-Agricultural Khas Land Management Policy, 1995, which provided for preferential allotment in favour of landless people. The petition also referred to the state’s obligations under the National Housing Policy, 1999 and international treaties.

 

Judgement: The High Court issued a Rule Nisi on 24.05.1999 on the respondents to show-cause why a Rule shall not be issued to grant lease in favor of the petitioners in respect of the khas land in their possession and the Court passed an order of status quo, which was later extended till disposal of the Rule.