Case Number: Writ Petition No. 5332 of 2015

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Date of filing: 2015/05/21

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 Fisheries and Livestock
Chairman, National River Conservation
Divisional Commissioner, Dhaka
Director General, Department of Environment
Director General, BWDB
Deputy Commissioner, Netrokona
Upazilla Nirbahi Officer, Durgapur, Netrokona
Superintend of Police, Netrokona
Mayor, Durgapur Pourashava, Netrokona

Facts

‘Shumeshwory’ river of Durgapur at Netrokona has greatly influenced the lives, livelihood, communication and environment of around 25 thousand people. Unregulated and unlawful sand and stone extraction by using machines seriously impact the ecosystem of this river and its adjoining areas.

Rule/Order/Judgment

Date: 29/07/2015

Details

The High Court issued a Rule Nisi to show cause as to why the impugned Lease Notification for leasing out Balumahal in the river ‘Shumeshwory’ of Durgapur at Netrokona should not be declared to have been issued and published without lawful authority and why the respondents should not be directed to declare the river as Ecological Critical Area.

Justices

Mrs. Justice Mirza Hussain Haider
Mr. Justice A.K.M Zahirul Hoque

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Area of law

Environment,
Livelihood

Keywords

‘Shumeshwory river’ case

Relevant statute

Constitution, Articles 13, 18A, 21, 31 and 32;

Protection and Conservation of Fish Act, 1950;

Protection and Conservation of Fish Act, 1985;

Bangladesh Environmental Conservation, 1995;