Dr. Mohiuddin Farooque, being dead, his substitute Mrs. Syeda Rezwana Hasan vs. Bangladesh and others [ Writ Petition No. 1694 of 2000 ]

Country Bangladesh
Category Right to a clean environment
Date of Judgment _
Link / Attachment http://www.blast.org.bd/content/judgement/wp1694.pdf
  • Description

    The petition is filed on the excessive amount of polluted vehicular emission in Dhaka. Writ petition No.300 of 1995 was also taken up with this.

    Source:

    http://www.blast.org.bd/content/judgement/wp1694.pdf

  • Judgment

    Directions are given as below as extracted from the Judgement; Writ petition pending for monitoring.

    1) To enforce Rule 114(d) of the Bengal Motor Vehicles Rule 1940 and Section 139 of the Motor Vehicles Ordinance 1983, to enforce restrictions against the use of such hydraulic and other loud and shrill horns including air horn and considering the problem to control such large scale violation and considering the problem to control such large scale violation and considering the fact that almost all the transport vehicles are fitted with such prohibited horns. We direct the respondents to issue notice and/or notification immediately notifying to all the transport vehicles operators about the restrictions provided in Rule 114(d) and Section 139 of the Ordinance directing them to remove the electric, air and other loud and shrill horn and to use bulb horn in the metropolitan City of Dhaka giving the operators 30 days time to change the hydraulic and air horn and to fit vehicles with bulb horn with the warning that failure to remove such prohibited horns from their vehicles, penal actions should be taken against them according to laws and it should be notified that no such transport vehicles should be given certificate of fitness if fitted with such horns which are prohibited under Rule 114(d) of the Rules and Section 139 of the Ordinance. We also direct the respondents to proceed against the vehicle operators by taking penal action if they fail to remove such types of prohibited horns after the expiry of the period of 30 days which shall be provided for change of such horn by notification or by notice to be issued by the Government giving wide publicity through print and electronic media. The respondents should also take steps for notifying such restrictions regarding the use of such types of horn in respect of vehicles which enter into the Metropolitan City of Dhaka from other Districts and Metropolitan Cities so that they may be aware of such restrictions in the matter of use of such prohibited horn in the Metropolitan City of Dhaka.

    2) To conduct tests of vehicles in the 5 Vehicles Inspection Centers already handed over to BRTA within 6  (six) months and to issue certificate of fitness of the vehicles including motor Cycles (Two wheelers).

     3) To implement the decision of the respondents for converting all government owned Patrol/diesel driven vehicles playing in the Dhaka Metropolitan City into C.N.G. operated vehicles within 6 (six) months.

    4) To implement the decision of the respondents to set up six more C.N.G filling stations in Dhaka City by December, 2002 and also to set up more CNG filling station from time to time to meet the requirements of vehicles and CNG stations be maintained properly round the clock.

    5) To implement decision of the respondents that all motor vehicles from July 2001 be fitted with catalytic converter and diesel particulate filter by December, 2002.

    6) To set Bangladesh standard for petroleum in accordance with the international standards ensuring the reduction and removal of toxic and hazardous constituents from the same.

    7) To phase out existing 2 stroke 3 wheelers by December, 2002 and to replace it with cleaner transport alternatives.

    8) To impose ban on new licenses for two stroke 3 wheelers in Dhaka Metropolitan City and cancellation of 9 years old licenses of baby taxis with immediate effect.

    14. This writ petition shall be deemed to be pending for the purpose of monitoring. The respondents are also directions of this Court in print and electronic media on consecutive two days twice in a week for one month.

     15. The respondents are directed to submit reports every six months of actions and results of the above directions to this court.

    Source:

    http://www.blast.org.bd/content/judgement/wp1694.pdf