Farooque v. Government of Bangladesh (Industrial Pollution Case)


High Court Division

Case Name

Farooque v. Government of Bangladesh (Industrial Pollution Case)


Petition No

Writ Petition No. 891 of 1994

Date of Decision

15th July, 2001

Name of the Parties

Dr.Mohiuddin Farooque , Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms.Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)


Praying for appropriate relief relating to the matter of control of pollution from industries/factories situated up and down the country.

Factual Background

BELA has been registered as an association under the Societies Registration Act, 1860, with the aims and objects, inter alia, to organize and undertake legal or administrative actions and measures to protect, preserve, conserve or reinstate environmental and ecological systems, to protect environmentally sensitive and fragile eco-systems including protection of vulnerable groups, to protect biological diversity, to take measures on environmental or ecological issues regarding development activities. BELA has been active in the field of environment, ecology and related horizon of public interests since 1991 even before its formal registration as an association. Since its formation in 1992, it undertook detailed studies on environment and ecology and its wide-spread contributions in these fields earned its reputation and recognition both at home and abroad.

Legal Views

Important discussion



The Director General, Directorate of Environment, the respondent no.4, is directed to ensure that the industrial units and the factories which come within the classification ‘red’ as stated in rule 7 of the Rules, must adopt adequate and sufficient measures to control pollution within one year from the date of receipt of this judgment and order and report compliance to this Court within six weeks thereafter.The industrial units and the factories which are classified as Orange-Ka and Orange-Kha, must also adopt similar measures to control pollution within a period of two years from date and the respondent no.4 shall ensure compliance within the said period and report to this Court soon thereafter. [Para 47]
The Secretary, Ministry of Industries, respondent no.1, is also directed to ensure that no new industrial units and factories are set-up in Bangladesh without first arranging adequate and sufficient measures to control pollution, as required under the provisions of the Act of 1995and the Rules of 1997. [Para 48]


The writ was accepted by the Hon'able Court

Full Judgment

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