IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. OF 2018

IN THE MATTER OF:

An application under Article 102

of the Constitution of the

People’s Republic of Bangladesh

-AND-

IN THE MATTER OF:

Md. Al Mamun Mia,

Son of Md. Makbul Hossain,

Of Paschim Shibram,

Post Office- Falgacha,

Police Station- Sundarganj,

District- Gaibandha.

… … Petitioner

-Versus-
 -2-

1. Bangladesh represented by the

Secretary, Ministry of

Environment and Forest,

Government of the People’s

Republic of Bangladesh,

Secretariat Building, Shabagh,

Dhaka.

2. The Director General, the

Department of Environment,

Environment Bhaban,

Agargaon, Sher-E-Bangla Nagar,

Dhaka-1207.

3. The Director, Department of

Environment, Rajshahi Division

Office, Nishindhara, Bogra.

4. The Assistant Director, Rangpur

District Office, House #18/1,

Holding#4,Road#2, Parjaton

Road, Kotwali, Rangpur.

 -3-

5. The Deputy Commissioner &

District Magistrate, Gaibandha.

6. The Deputy Director, Krishi

Somprosaron Adhidaptar,

Gaibandha.

7. The Additional District

Magistrate, Gaibandha.

8. The Upazila Nirbahi Officer

(UNO), Sundarganj, Gaibandha.

9. The Assistant Commissioner

(Land), Sundarganj, Gaibandha.

10. The Assistant Forest

Conservator, Gaibandha Zone,

Gaibandha.

11. M/s. Taj Bricks, represented by

its proprietor, Most. Afroza

Bewa, wife of Late Entaj Ali, of

Paschin Sibram, Post Office-

 -4-

Falgach, Police Station-

Sundarganj, District-

Gaibandha.

… … Respondents

-AND-

IN THE MATTER OF

Direction upon the respondent

Nos. 1-10 to take necessary

legal action against the

respondent No. 11 for

establishing and running M/s.

Taj Brick Field, within Mouza-

Paschim Shibram, Police Station-

Sundarganj, District- Gaibandha in

violation of the “BU cÖ¯‘Z I fvUv

¯’vcb (wbqš¿Y) AvBb, 2013” and

 -5-

thereby endangering the lives of

people of the locality.

To

Mr. Justice Syed Mahmud Hossain, the Hon’ble Chief

Justice of Bangladesh and His Companion Justices of the

said Hon’ble Court

The petition on behalf of the

humble petitioner above named

most respectfully-

SHEWETH:

1. That the Petitioner is a law abiding citizen of

Bangladesh by birth and is a permanent resident of

Paschim Shibram, Post Office- Falgacha, Police

Station- Sundarganj, District- Gaibandha and has

properties adjacent to M/s. Taj Brick Klin owned by

the respondent No. 11 and as such he has locus-

standi to file this writ petition before your Lordships.

 -6-

2. That the respondent Nos. 1 is the Government of the

People’s Republic of Bangladesh, represented by its

Secretary, Ministry of Environment and Forest,

Secretariat Building, Shabagh, Dhaka, the respondent

No. 2 is the Director General, the Department of

Environment, Environment Bhaban, Agargaon, Sher-

E-Bangla Nagar, Dhaka-1207, the respondent No. 3 is

the Director, Department of Environment, Rajshahi

Division Office, Nishindhara, Bogra, the respondent

No. 4 is the Assistant Director, Rangpur District

Office, House #18/1, Holding#4,Road#2, Parjaton

Road, Kotwali, Rangpur, the respondent No. 5 is the

Deputy Commissioner & District Magistrate,

Gaibandha, the respondent No. 6 is the Deputy

Director, Krishi Somprosaron Adhidaptar, Gaibandha,

the respondent No. 7 is the Additional District

Magistrate, Gaibandha, the respondent No. 8 is the

Upazila Nirbahi Officer (UNO), Sundarganj,

Gaibandha, the respondent No. 9 is the Assistant

Commissioner (Land), Sundarganj, Gaibandha, the

 -7-

respondent No. 10 is the Assistant Forest

Conservator, Gaibandha Zone, Gaibandha, the

respondent No. 11 is M/s. Taj Bricks, represented by

its proprietor, Most. Afroza Bewa, wife of Late Entaj

Ali, of Paschin Sibram, Post Office- Falgach, Police

Station- Sundarganj, District- Gaibandha.

3. That the addresses of the petitioner and the

respondents given in the cause title are the correct

addresses for the purpose of service of the notices.

4. That it is stated that in recent past, the respondent

No. 11 along with her 3(three) sons namely Ashek Ali

(Rubel), Aktaruzzaman (Raju) and Ariful Islam

(Shempu) have established a brick kiln namely M/s.

Taj Brick Field in Dag Nos. 972, 977, 978, 979, 1415,

980, 984, 983, 988, 901, 994, 1004 and 1008 of

Mouza- Paschim Shibram, Police Station- Sundarganj,

District- Gaibandha. For the purpose of establishing

the said brick field, the respondent No. 11 with her

sons blocked the water flow under the bridge situated

 -8-

in Bamandanga to School Bazar Pucca Road.

Consequently, the crops of 300/400 bigha land were

completely damaged. The said brick field was

established within 100 yards of the Paschim Shibram

Government Primary School. The petitioner and other

inhabitants of the said localities have been suffering

various problems such as their agricultural land has

become barren day by day. It has been causing

irreparable damages to the local people.

5. That it is stated that on 02.12.2017, the petitioner

along with others stating all the material facts made a

representation before the respondent No. 5, the

Deputy Commissioner & District Magistrate,

Gaibandha for taking appropriate legal action against

the above illegal established brick fields.

A photocopy of the representation is annexed

hereto and marked as ANNEXURE- ‘A’.

6. That it is stated that thereafter, on 08.01.2018 the

respondent No. 5, the Deputy Commissioner &

 -9-

District Magistrate directed the respondent No. 8

Upazila Nirbahi Officer, Sundarganj to inquire into the

matter and also ask to submit an inquiry report

within 7(seven) days vide Memo No.

05.55.3200.044.03.002.18-31 dated 08.01.2017.

A photocopy of the office order is annexed hereto

and marked as ANNEXURE- ‘B’.

7. That it is stated that in pursuance of the office order

given by the respondent No. 5, the respondent No. 8,

Upazila Nirbahi Officer, Sundarganj appointed the

respondent No. 10, Assistant Forest Conservator to

inquire into the matter.

8. That it is stated that on 21.01.2018, the respondent

No. 10, Assistant Forest Conservator issued a notice

informing the respondent No. 11 and her sons that he

would visit the premises of the said brick field for

investigation on 31.01.2018 and ask them to present

at the said brick field along with all necessary papers.

During visit, the respondent No. 11 or the concern

 -10-

authority of the respondent No. 11 could not produce

the environmental clearance certificate and any

license to run the said brick field to the respondent

No. 10. Accordingly, the respondent No. 10 prepared

the report and submitted the same before the

respondent No. 8, Upazila Nirbahi Officer on

05.02.2018 vide Memo No. 22.01.3200.289.27.000.18-39

dated 05.02.2018.

Photocopies of the said forwarding letter, the

notice and the inquiry report are annexed hereto

and marked as ANNEXURE- C, C-1 and C-2.

9. That it is stated that on 05.03.2018, the respondent

No. 8, Upazila Nirbahi Officer after duly receiving the

inquiry report from the respondent No. 10 forwarded

the same to the respondent No. 5, Deputy

Commissioner & District Magistrate, Gaibandha for

taking necessary action vide Memo No.

05.55.3291.022.02.012.17/212 dated 05.03.2018.

 -11-

A photocopy of the said letter is annexed hereto

and marked as ANNEXURE- ‘D’.

10. That it is stated that on 17.04.2018, the petitioner

has served a Notice Demand Justice upon the

respondents though his lawyer but no response was

given so far.

A copy of the said Notice Demanding

Justice is annexed hereto and marked as

ANNEXURE- ‘E’.

11. That it is stated that the respondent No. 11 blocked

the water flow under the bridge in the Bamandanga to

School Bazar Pucca Road owing to the establishment

of the said brick field and consequently, there is a

possibility of flood or hampering irrigation in the local

agricultural land. The petitioner and other inhabitant

of the locality have been suffering irreparable loss.

12. That it is stated that as per the provision of the “BU

cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013”, the respondent

 -12-

No.1 firstly needs to obtain environment clearance

certificate from the concern department of

environment and thereafter they need to have licence

from the Deputy Commissioner of the concern District

but the respondent No. 10 neither have any

environmental clearance certificate nor have licence to

establish M/s. Taj Brick Field and M/s. Taj Brick

Field was established in violation of section 4 of the

“BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013”.

13. That it is stated that there is no scope to establish a

brick field within 1(one) kilometer of any educational

institution but the respondent No. 11 violating the

provision of section 8(3)(Umo) of the “BU cÖ¯‘Z I fvUv

¯’vcb (wbqš¿Y) AvBb, 2013” established the said brick

field and has been running M/s. Taj Brick Field

within 100 yards of Paschim Shibram Government

Primary School and causing health hazard to the

students of the said School.

 -13-

14. That it is stated that though there is express

prohibition for establishing brick field at the

agricultural land but the respondent No. 11 violating

the provision of 8(1)(gha) of the “BU cÖ¯‘Z I fvUv ¯’vcb

(wbqš¿Y) AvBb, 2013” established the said brick field in

the agricultural land and furthermore, they have been

using the muds from the nearby agricultural land as

raw material for manufacturing the bricks violating of

section 5(1) of the “BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb,

2013”

15. That it is stated that Section 8(3)(cha) of the “BU cÖ¯‘Z

I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013” dictates to establish a

brick field at least 0.5 (half) k.m. away from the road

but the respondent No. 11 established the said brick

field only 40 feet away from the Bamandanga to

School Bazar Pucca Road and thereby causing

damages to the local roads.

16. That it is submitted that as per the provision of the

“BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013”, the

 -14-

respondent No.1 firstly needs to obtain environment

clearance certificate from the concern department of

environment and thereafter they need to have licence

from the Deputy Commissioner of the concern District

but the respondent No. 10 neither have any

environmental clearance certificate nor have licence to

establish M/s. Taj Brick Field and M/s. Taj Brick

Field was established in violation of section 4 of the

“BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013” and as such

a direction should be given upon the respondents to

take appropriate legal action against the brick filed of

the respondent No. 11.

17. That it is submitted that there is no scope to establish

a brick field within 1(one) kilometer of any

educational institution but the respondent No. 11

violating the provision of section 8(3)(Umo) of the “BU

cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013” established the

said brick field and has been running M/s. Taj Brick

Field within 100 yards of Paschim Shibram

 -15-

Government Primary School and causing health

hazard to the students of the said School and as such

a direction should be given upon the respondents to

take appropriate legal action against the brick filed of

the respondent No. 11.

18. That it is submitted that though there is express

prohibition for establishing brick field at the

agricultural land but the respondent No. 11 violating

the provision of 8(1)(gha) of the “BU cÖ¯‘Z I fvUv ¯’vcb

(wbqš¿Y) AvBb, 2013” established the said brick field in

the agricultural land and furthermore, they have been

using the muds from the nearby agricultural land as

raw material for manufacturing the bricks violating of

section 5(1) of the “BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb,

2013” and as such a direction should be given upon

the respondents to take appropriate legal action

against the brick filed of the respondent No. 11.

19. That it is submitted that Section 8(3)(cha) of the “BU

cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013” dictates to

 -16-

establish a brick field at least 0.5 (half) k.m. away

from the road but the respondent No. 11 established

the said brick field only 40 feet away from the

Bamandanga to School Bazar Pucca Road and

thereby causing damages to the local roads and as

such a direction should be given upon the

respondents to take appropriate legal action against

the brick filed of the respondent No. 11.

20. That the petitioner craves leave of this Hon’ble Court

to file the writ petition with the photocopy of the

Annexures. As because the originals are lying upon

the office of the respondents.

21. That in the premises stated hereinabove, the

petitioner, having no other equally and efficacious

alternative remedy, begs to move this application

before this Hon’ble Court on the following amongst

other
 -17-

GROUNDS

I. For that as per the provision of the “BU cÖ¯‘Z I fvUv

¯’vcb (wbqš¿Y) AvBb, 2013”, the respondent No.1 firstly

needs to obtain environment clearance certificate

from the concern department of environment and

thereafter they need to have licence from the Deputy

Commissioner of the concern District but the

respondent No. 10 neither have any environmental

clearance certificate nor have licence to establish

M/s. Taj Brick Field and M/s. Taj Brick Field was

established in violation of section 4 of the “BU cÖ¯‘Z I

fvUv ¯’vcb (wbqš¿Y) AvBb, 2013” and as such a direction

should be given upon the respondents to take

appropriate legal action against the brick filed of the

respondent No. 11.

II. For that there is no scope to establish a brick field

within 1(one) kilometer of any educational institution

but the respondent No. 11 violating the provision of

section 8(3)(Umo) of the “BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y)

 -18-

AvBb, 2013” established the said brick field and has

been running M/s. Taj Brick Field within 100 yards

of Paschim Shibram Government Primary School and

causing health hazard to the students of the said

School and as such a direction should be given upon

the respondents to take appropriate legal action

against the brick filed of the respondent No. 11.

III. For that though there is express prohibition for

establishing brick field at the agricultural land but

the respondent No. 11 violating the provision of 8(1)

(gha) of the “BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb, 2013”

established the said brick field in the agricultural

land and furthermore, they have been using the

muds from the nearby agricultural land as raw

material for manufacturing the bricks violating of

section 5(1) of the “BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y) AvBb,

2013” and as such a direction should be given upon

the respondents to take appropriate legal action

against the brick filed of the respondent No. 11.

 -19-

IV. For that Section 8(3)(cha) of the “BU cÖ¯‘Z I fvUv ¯’vcb

(wbqš¿Y) AvBb, 2013” dictates to establish a brick field

at least 0.5 (half) k.m. away from the road but the

respondent No. 11 established the said brick field

only 40 feet away from the Bamandanga to School

Bazar Pucca Road and thereby causing damages to

the local roads and as such a direction should be

given upon the respondents to take appropriate legal

action against the brick filed of the respondent No.

11.

Wherefore, the petitioner most

humbly prays for the following

reliefs:

A) To issue a Rule Nisi calling

upon the Respondents to show

cause as to why the

respondents should not be

directed to take necessary legal

action against the respondent

-20-

No. 11 for establishing and

running M/s. Taj Brick Field,

within Mouza- Paschim Shibram,

Police Station- Sundarganj, District-

Gaibandha in violation of the

“BU cÖ¯‘Z I fvUv ¯’vcb (wbqš¿Y)

AvBb, 2013” and thereby

endangering the lives of people

of the locality which they are

required by law to do,

B) Pending disposal of the

Rule, an order of injunction

restraining the respondent No.

11 from running M/s. Taj Brick

field within Mouza- Paschim

Shibram, Police Station- Sundarganj,

District- Gaibandha.
 -21-

C) After perusing the cause, if

any and hearing the parties,

make the Rule absolute,

D) Award cost of the Petition in

favour of the Petitioner, and,

E) Pass such other or further

order or orders as to your

Lordships may deem fit and

proper.

And for this act of kindness, Your Petitioner as in duty

bound shall ever pray.

AFFIDAVIT

I, Md. Al Mamun Mia, son of Md. Makbul Hossain, of

Paschim Shibram, Post Office- Falgacha, Police Station-

Sundarganj, District- Gaibandha aged about ….. years by

profession business by faith- Muslim, Nationality-

Bangladeshi, National ID Card No. …...………………………do

hereby make solemn affirmation and say as follows:

 -22-

1. That I am the petitioner of the Writ Petition and well

conversant with the facts and circumstances of the case

and competent to swear this affidavit.

2. That the statements made in paragraph no. 1 to 15,

20 to 21 are statements of facts, which I verily believe to be

true, and rest are submissions.

Prepared in my chamber

……………….. ………………………….
(Bivuti Tarofder) Deponent
Advocate The deponent is known
to me and identified by
me.

Solemnly affirmed before me on (Bivuti Tarofder)

this the day of April, 2018 at Advocate
the Supreme Court premises at Membership No. 6235
Mob: 01970773388
Room No. 405(A-E)

COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION