IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

      (SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 2369 of 2019. In the matter of:

An application under article 102 (2) of the Constitution  of  the  People’s  Republic  of Bangladesh.

-And- In the matter of: Md. Tanvir Ahmed.

...... Petitioner

-Versus-

Bangladesh  represented  by  the  Secretary, Ministry of Civil Aviation and Tourism and others.       . . . . Respondents

Mr. Md. Tanvir Ahmed

. . . Petitioner in person.

 Mr. Saifur Rashid, Advocate

. . For the respondent No. 2.

 Ms. Rimi Nahreen, Advocate

. . . For the respondent No. 3.

              Present:

Mr. Justice J. B. M. Hassan                and

Mr. Justice Razik Al Jalil   

Heard and Judgment on 13.08.2023.

J. B. M. Hassan, J.

The petitioner, a learned Member of the Bangladesh Supreme Court Bar Association has filed this writ petition in the form of Public Interest Litigation (PIL) and obtained the Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause  as  to  why  the  inaction  and  apathy  to  protect  the passengers, visitors and others from mosquito tortures at Hazrat Shah  Jalal  International  Airport  Area,  Dhaka  should  not  be declared to be without lawful authority and is of no legal effect and as to why they should not be directed to take immediate necessary steps to control the mosquito attacks at Hazrat Shah

Jalal International Airport Area, Dhaka and/or pass such other or further order or orders as to this Court may seem fit and proper.”

During  pendency  of  the  Rule  Nisi,  this  Court  directed  the  Civil Aviation Authority on different occasions to submit survey report conducted by the Directorate General of Health Service regarding the running situation and  position  about  the  mosquito  nuisance  within  the  Hazrat  ShahJalal International Airport Area, Dhaka. On 03.04.2023 this Court also heard One Mr. Kabirul Bashar, PhD. Professor of Entomology, Department of Zoology, Faculty  of  Biological  Science,  Jahangirnagar  University,  Dhaka  who appeared in person before this Court and made certain suggestions as have been reflected in the order dated 03.04.2023.

The  Civil  Aviation  Authority  (respondent  No.2)  has  also  filed affidavit  in  compliance  affirmed  on  19.06.2023  intimating  last  survey conducted on 3rd-8th June, 2023 by the office of the Directorate General of Health Service. In the said report, the following suggestions have been given for  controlling  the  mosquito  within  the  Hazrat  Shah  Jalal  International

Airport Area, Dhaka:

“Recommendations:

Special Notes:

There is 2 long canal inside the airport and some ponds, We found mosquitoes there. These places should be clean and release guppy fish/ bio-pesticides(Bti)/Novaluron.

There are several breeding places for Aedes/Culex mosquitoes in and around the airport. These breeding places should be removed and managed.

Culex and Aedes have their own flight range. We found adults and larvae half Km around the airport (Public place). These should be managed by city corporations and the Bangladesh air force.

Regular  surveillance  should  be  conducted  (6  surveys/year:  Jan, March, May, July, Sept, Nov)

Produce a real-time Map for forecasting the mosquitoes density and proper intervention.

INTEGRATED MOSQUITO MANAGEMENT

* Surveillance (Jan, March, May, July, Sept, Nov)

* Larvae and immature-stage surveillance

* Adult Surveillance

* Mapping (mosquito aquatic habitats and adult density)

* Setting Action Thresholds

* Decisions to initiate control measures are based on analyses of larval or adult mosquito population data obtained through surveillance activities. Larval Source Reduction

*Environmental control

*Source reduction begins with a detailed larval survey *Recommendations on large-scale environmental modifications

Biologic Control

*Larger aquatic predators such as Fish like Gambusia spp (Guppy) can naturally control mosquito.

CHEMICAl CONTROL OF LARVAL AND ADULT MOAQUITOES *Larval management

*Larvicides: organophosphates and oils or monomolecular films

*Microbial control agents such as Bacillus thuringiensis israelensis (Bti)

*Insect growth regulators such as methoprene and pyriproxyfen

* Chitin synthesis inhibitors such as diflubenzuron and novaluron

*   Larvicides : organophosphates and oils or monomolecular films, which spread on the water surface to form a thin film that prevents gas exchange and leads to the eventual suffocation of mosquito larvae.

*   Larvicides are available in various formulations, including solid granules of different shapes and sizes, water-dispersible granules applied unaltered or in the mixture, slow-release briquettes, water-soluble pouches, or pure liquid formulations.  The  formulation  selection  should  be  driven  by  carefully considering the target environment.

Adult management

*ULV space sprays are the only effective means of rapidly reducing *Barrier and residual sprays can provide long-lasting control of adult   mosquito populations

*Handheld and Area-Wide ULV Adulticides Space sprays use ULV technology (cold fogging or thermal space sprays) and are applied with specialized spray equipment mounted in aircraft, on the back of trucks, or by hand.

*Released aerosols drift through the target zone, persisting in the air  and making contact with flying mosquitoes.

*The  primary  aim  of  area-wide  ULV  adulticide  applications is  to deliver an effective droplet size using the least amount of insecticide that will control target mosquitoes. Droplet sizes ranging from 5 to 25 um are most efficient. Weather conditions must be considered when planning  and  delivering  applications;  most  often,  adulticide applications are conducted in the evening or early morning, when a thermal inversion has occurred to keep the insecticide from dispersing upward and in light winds to aid in carrying droplets.” 

From the submissions of both the parties and on perusal of the above mentioned  report,  we  find  that  due  to  taken  measures  by  the  Airport authority, the situation has now come to a satisfactory condition. However, in  disposing  of  the  matter  both  the  learned  Advocates  have  drawn  our attention about the current situation going on within the whole country, in particular, severe situation within the Dhaka City regarding Dengue virus and  number  of  mortality  occurring  every  day  due  to  aforesaid  virus. Considering this situation, learned Advocate for the petitioner has drawn our attention to the suggestions of Professor Kabirul Bashar and the Surveillance Committee. In the suggestions, Professor Kabirul Bashar has emphasized for establishment  of  a  Victor  Control  Research  Centre  (VCRC)  in  order  to combat the ongoing crisis due to infection of dengue mosquito. He submits that only this sort of institution (Research Centre) can combat the situation.

We are also observing on every day that a huge number of citizens are suffering from dengue virus, particularly, in the rainy season a good number of mortality. Therefore, this sort of institution (VCRC) is necessary now being a demand of time. In the circumstances, the respondent No.1 shall consider  this  observation  to  establish  a  research  centre  i.e  Victor Control Research Centre for the betterment of the citizen at large.

With  this  observation,  the  Rule  Nisi  is  disposed  of.  The  Airport Authority  and  the Dhaka  North  City  Corporation  shall  keep  themselves vigilant  in  controlling  the  mosquito  within  the  airport  area  as  per recommendation and suggestion made by the surveillance committee. The writ petition shall be treated as a continuous mandamus.     

Communicate a copy of this judgment and order to the respondents at

once. 

Razik Al Jalil, J                                                          I agree.