Ain-O-Salish Kendro (ASK) and others Vs. Bangladesh and others (Purbachal Forest Case)


High Court Division

Case Name

Ain-O-Salish Kendro (ASK) and others Vs. Bangladesh and others


Petition No

Writ Petition No. 8098 of 2013

Date of Decision


Name of the Parties

Ain-o- Salish Kendra, Association for Land Reforms & Development, Bangladesh Environmental Lawyers Association, Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Poribesh Bachao Andolon and Nijera Kori


Prayed for directed to protection of vast tract of forest cover of the Barakau and Parabartha mauza under Kaliganj Thana in the district of Gazipur from being transformed into residential plots of Purbachal New Town Project and thereby impairing environmental balance and unique ecosystem and biodiversity of the area.

Factual Background

This writ petition was brought to challenge the legality of the layout plan of Purbachal New Town Project taken up by Rajdhani Unnayon Katripakhya specially so far as the plan relates to two mauza, namely, Barakau and Parbartha, with a prayer for direction to protect and conserve the forest (Shaalbon), water bodies, wet and agricultural lands that characterize the mauza in line with the findings contained in the report submitted by Department of Environment and the findings of Existing Landuse Map of Gazipur Part. As an interim relief they asked for a direction to form a committee with independent experts to prepare and submit a report as to the present status of the two mauza and ecological and social consequences thereof if the plan is implemented. They also prayed for an order of injunction. Rule was issued but none of the interim prayers, however, was granted.

Legal Views

Important discussion



Respondents are accordingly directed not to efface, subtract, vary, modify, or otherwise change the forest (core), forest, lake/canals, urban green, parks, playgrounds/playlots, green-belt as well as similar other environment-oriented spaces of the project and other supporting documents produced by RAJUK to the derogation of their basic purposes without permission to be taken from this court.


The, rules issued in two writ petuitions are disposed of with the above direction. Since the nature of direction demands pendency of at least one of the two writ petitions the court elect Writ Petition No.8098 of 2013, as one not defeated on maintainability count, for the purpose.

Full Judgment

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