Metro Makers and Developers Limited vs. BELA, 2012 65 DLR (AD) 181 (Bangladesh)

The petition challenged a residential development which Developers Limited (Metro Makers) was constructing on land classified as a sub-flood flow zone under Dhaka’s master plan. Sub-flood flow zones are defined in the master plan as “areas either temporally or seasonally flooded" (flood lands). According to BELA, the land is essential for the protection of Dhaka’s environment. Metro Makers countered that the residential development was undertaken legally and that the lots were sold to bona fide third parties, who are entitled to protection. The Supreme Court of Bangladesh directed petitioner to halt the development. The court reasoned that the master plan was intended to protect sub-flood flow zones to ensure that they are functioning, thereby reducing negative impacts on waterways. If Dhaka’s natural drainage systems are filled up, it would impair its capacity to handle rain and flooding. The court held that the constitutional right to life, including the right to protection and improvement of environment and ecology, prevails against all other claims and legal rights, including the rights of the third party purchasers.