In a writ petition filed by BELA with two other human rights NGOs namely Ain-o Shalish Kendra (ASK) and Odhikar, challenging the legality of the Joint Venture Agreement (JVA) between BAPEX and NIKO, a vacation bench of the High Court comprising Mr. Justice M. A. Rashid and Mr. Justice Md. Fazlur Rahman had issued a Rule (show cause) on 12 September, 2005 on 9 responsible government agencies and NIKO.
Upon hearing the petitioners, the Court issued Rule Nisi calling upon the respondents to show cause as to why the JVA dated 16 October, 2003 between BAPEX and NIKO should not be declared to have been made without lawful authority and why it should not be treated as illegal and a nullity in the eye of law for being volatile of the Bangladesh Petroleum Act, 1974 as well as the Environment Conservation Act, 1995 and having been procured through flawed process effected and induced by resorting to fraudulent and forged document by Niko.
The respondents have also been directed to show cause as to why they should not be directed to take effective legal measures to protect the public property of the gas fields, mitigate the damage and losses sustained by the two blow outs and take immediate effective measures to realize full compensation for destruction of the valuable natural gas resources and the damage to live and property and environment by the blow outs.
On 16.11.2009 and 17.11.2009 upon final hearing a division bench of the High Court Division comprising Mr. Justice Syed Mahmud Hossain and Mr. Justice Quamrul Islam Siddiqui directed Niko to pay the compensation money as per the decisions to be taken in the money suit now pending in the Court of the Joint District Judge or as per the mutual agreement among the parties. The respondents are restrained by an order of injunction from making any payment to respondent No. 10. This order of injunction shall remain in force till disposal of the money suit or till amicable settlement amongst the parties, whichever is earlier.