Case Number: Writ Petition No 2245 of 2015
Petitioners
Bangladesh Environmental Lawyers Association (BELA)
Respondents
- Secretary, Ministry of Land
- Secretary, Ministry of Environment and Forest
- Secretary, Ministry of Water Resources
- Secretary, Ministry of Agriculture
- Secretary, Ministry of LGRD and Co-operative Division
- Chairman, National River Protection Commission
- Director General, Department of Environment
- Director General, Bangladesh Water Development Board
- Chief Conservator, Department of Forest
- Chief Engineer, LGED
- Deputy Commissioner, Chittagong
- Superintendent of Police, Chittagong
- Director, Department of Environment
- Divisional Forest Officer, Chittagong
- Superintendent Engineer, LGED
- Chairman, LohagaraUpazilla, Chittagong
- UpazillaNirbahi Officer, LohagaraUpazilla, Chittagong
- Assistant Commissioner (Land), LohagaraUpazilla, Chittagong
- Upazilla Engineer, LohagaraUpazilla, Chittagong
- Chairman, Chunoti Union Parisad, LohagaraUpazilla, Chittagong
- Chairman, Putibila Union Parisad, LohagaraUpazilla, Chittagong
Facts
Several numbers of Balumohal at Sorai Khal and Dolu Khal were being leased out to local influential for at least the last ten years, and exploited by the lessees in violation of the lease agreements and conditions and much to the suffering of the local people and derogation of local environment.
Rule/Order/Judgment
Date: 07/04/2015
Details
The High Court issued a Rule Nisi on the respondents to show cause as to why the alleged illegal and unauthorised extraction of sands from 5 balumahals at LohagaraUpazilla of Chittagong should not be declared to have been issued and taken without lawful authority and of no legal effect, and why the respondents should not be directed to exclude the 5 balumohals, and obtain mandatory assessment and clearance, why they should not be directed to protect ‘Sorai’ and ‘Dolu’ Khals. Pending hearing of the Rule, the respondents by an order of injunction for 3 months.
Justices
Mr. Justice BhabaniPrasad Singha
Area of law
Environment,
Life,
Accountability and Institutional Reform
Keywords
‘Sand extraction, Lohagara’ case
Relevant statute
Constitution, Articles 18A, 31,32 and 42;
Forest Act, 1927;
Bangladesh Environmental Conservation, 1995;
Environmental Conservation Rules, 1997;
Bangladesh Water Development Act, 2000;
বালুমহাল ও মাটি ব্যবস্থাপনা আইন, ২০১০;
জাতীয় নদী রক্ষা কমিশন আইন, ২০১৩;
Bangladesh Water Act, 2013;
Local government (Union Parisad) Act, 2009;
UpazillaParishad Ordinance, 1983;
Land Management Manual, 1990
Date: 24/08/2015
Details
Injunction was extended on 24.08.2015 for 6 months from date of expiry on 08.07.2015.
Justices
Mr. Justice Mirza Hussain Haider
Mr Justice AKM Zahirul Haque
Date: 06/01/2016
Details
Injunction was extended for 6 months from 06.01.2016.
Justices
Mr Justice Syed Dastagir Hussain
Mr Justice Syed AKM Shahidul Huq
Date: 08/06/2016
Details
Injunction was extended for 6 months from 08.06.2016 and will expire on 08.12.2016.
Justices
Mr Justice Syed Dastagir Hussain
Mr Justice Syed AKM Shahidul Huq
Database Last Updated on: 2017-02-12 15:26:45