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Environmental Law
Assignment On
Case study
MOHIUDDIN FAROOQUE VS. GOVERNMENT OF BANGLADESH, WP998 OF 1994
AND CA24 OF 1995(1996.07.25) (FLOOD ACTION PLAN CASE).

Fact :
The activities of FAP (FLOOD ACTION PLAN), FAP 20and the FPCD
adversely affected more than a million human lives and natural habitat
of man and other flora and fauna and that they aroused wide attention
for being allegedly anti-environment and anti people project. There was
no proper assessment for environment facts.

Where Bela conducted investigations at various times in 1992 to 1993 in

the FAP-20 Areas.
Even though European Parliament declared in its relation of 24 June
1993 that there was urgent need of changing the FAP’s classification
within the world the world Bank project scheme from category B to
category A1 requiring full environmental assessment for projects. Then,
a group of environmental lawyers possessed of pertinent, bona-fide and
well recognized purpose in the area of environment and having a
provable, sincere, dedicated status in judicial review under a flood action
plan and ecological imbalance and violation of several laws in certain
areas of the district of Tangail.

GROUNDS :
In this case, the greatest environmental activist in Bangladesh, Dr.
Mohiuddin FAROOQUE tried heart and soul to materialize His wish of
establishing environmental rights of the people of Bangladesh as well as
affected people of Tangail. He argued that our constitution in its
preamble as well as in the fundamental principle of state policy, has the
fact that Absolute faith and trust and faith on almighty. So, I was an
unique argument to establish the environment rights.
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Environmental Law
The loss of biodiversity in the affected area of Tangail as well as the life
which was threatened by creating economic problems to them was the
prime concern of the case. It was no doubt that the project not only
affecting the impeding water flow but also the life of fishes and there
affected the rights to life of project area.

So, it was correctly said in the judgement that although we do not have
any provision which Indian constitution have in article 48.but we have
article 31 and 32 of fundamental rights where it encompasses the right
to life.

Conclusion :
In this conclusion, the whole discussion of case indicates the
environment must be suitable for living where Dr. Mohiuddin
FAROOQUE tried and basic judgment was to maintain the environment
level of living for all resources. And any act which is contrary to the
fundamental rights there will be violation of constitution. because
without the protection and preservation of environment, ecological
balance, free from pollution air and water and sanitization life cannot be
enjoyed properly.