Case Number: Writ Petition No. 3924 of 2015
Date of filing: 2015/04/27
Petitioners
Bangladesh Environmental Lawyers Association (BELA)
Respondents
- Secretary, Ministry of Land
- Secretary, Ministry of Environment
- Secretary, Ministry of Fisheries and Livestock
- Secretary, Ministry of Water Resources
- Chairman, National River Protection Commission
- Director General, Department of Environment
- Director General, Bangladesh Water Development Board
- Chairman, Bangladesh Inland Water Transport Authority
- Deputy Commissioner, Bhola
- Superintendent of Police, Bhola
- Director, Department of Environment
- UpazillaNirbahi Officer, BholaSadarUpazilla
- Mayor, BholaPouroshova
- Assistant Commissioner (Land), BholaSadarUpazilla
Facts
Bhola Khal has contributed significantly to the economic development and the maintenance of ecological balance in theBhola district. Inconsiderate, unplanned and unlawful construction of bridges, sluice gates by government bodies and encroachment by the unscrupulous people and agencies upon the water body reduced its flow. That reduced flow has severely and adversely affected not only its own existence but also the existence of 8 other canals in Bhola, bringing about indescribable suffering for the farming and fishing communities, and became a dumping ground of various wastes.
Rule/Order/Judgment
Date: 04/05/2015
Details
The High Court issued a Rule Nisi upon the respondents to show cause as to why the respondents should not be directed to take all necessary effective measures to protect the “Bhola Khal” from illegal encroachers and polluters by removing the illegal encroachments and thereby restoring it to its original position. The respondents are further directed to remove all the structures and encroachments.
Justices
Mr. Justice Mirza Hussain Haider
Mr. Justice A.K.M. ZahirulHoque
Date: 05/07/2015
Details
Area of law
Environment,
Livelihood,
Accountability and Institutional Reform
Keywords
‘Bhola Khal’ case
Relevant statute
Constitution, Articles 18A, 21, 31, 32, 42 and 102;
Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);
Environment Conservation Rules, 1997;
Bangladesh Water Development Board Act, 2000;
National River Protection Commission Act, 2013;
Bangladesh Water Act, 2013;
মহানগরী, বিভাগীয় শহর ও জেলা শহরের পউর এলাকাসহ দেশের সকল পউর এলাকার মাঠ, উম্মুক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলধার সংরক্ষণ আইন, ২০০০;
Inland Water Transport Authority Ordinance, 1958;
Land Management Manual, 1990
The High Court Division issued a Rule Nisi to show cause as to why the respondents should not be directed to demarcate the “Lakutia Khal” and protect its flow, and stop illegal encroachment, hazardous and unlawful construction on it, and also for restoring it to its original flow by removing all illegal and hazardous encroachments and structures. The Respondents were also directed to prepare an Environmental Management Plan report assessing the impact of the sluice gate at Lakutia, prepare a list of illegal embankment and structures constructed on Lakutia, and to submit a compliance report within 6 weeks from the date of receipt of the notice.
Justices
Mr. Justice Mirza Hussain Haider
Mr. Justice A.K.M. ZahirulHoque
Database Last Updated on: 2017-02-12 15:26:45