Case Number: Writ Petition No. 7431 of 2013
Date of filing: 2013/07/21
Bangladesh Environmental Lawyers Association (BELA)
- Secretary, Ministry of Environment and Forest
- Secretary, Ministry of Land
- Secretary, Ministry of Water Resources
- Secretary, Ministry of Power, Energy and Mineral Resources
- Director General, WAPDA
- Director General, Department of Environment
- Deputy Commissioner, Sunamgonj
- Director, Mineral Resources Development Bureau
- Deputy Director, Department of Environment, Sylhet
- Upazilla Nirbahi Officer, Bishomvorpur Upazia, Sunamgonj
Unauthorised extractive actions from ‘Dhobajan Chalti’ river at Sunamgonj exposed the river and the adjoining lands to serious threats as the same are causing erosion of the river bed and gradually engulfing the adjacent agricultural land belonging to the local people.
The High Court issued a Rule Nisi to show cause as to why the illegal extraction of sand, stone and stone with sand from ‘Dobajan Chalti River’ should not be declared to have been extracted without lawful authority, and why the respondents should not be directed to protect the river, public and private property and the environment.
Mr. Justice Mirza Hussain Haider
Mr. Justice Muhammad Khursid Alam Sarkar
Area of law
Unauthorised extraction; River extraction
Constitution, Articles 15(A), 31, 32 and 42;
Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);
Environmental Conservation Act, 1997;
Sand Mine and Soil Management Act, 2010;
Mines and Minerals Resources (Control and Development) Act, 1992 and the Rules of 2012;
Bangladesh Water Development Board Act, 2000;
Land Management Manual, 1990
An injunction was granted for 1 year.
The Court issued a Rule Nisi calling upon the Respondent to show cause as to why they should not be directed to take initiative to recognise the “Birangonas” as freedom fighters by preparing a comprehensive list of “Birangonas” through publication of gazette notification and why further direction should not be given to provide State recognition and honor to the Birangonas giving all the facilities, benefits and privileges provided for the freedom fighters. The Court also directed Respondent No.2 to coordinate the matter interim of the rule with all other respondents and submit a report to the court on or before 13.3.2014 about the progress of the matter.
Ms. Justice Salma Masud Chowdhury
Mr. Justice Habibul Ghani
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