Case Number: Writ Petition No. 7161 of 2015

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Date of filing: 2015/07/02

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 LGRD and Co-operative Division
Mayor, Barisal City
Chairman, National River Protection Commission
Director General, Department of Environment
Director General, Bangladesh Water Development Board
District Commissioner, Barisal
Director, Department of Environment
Chief Engineer, Bangladesh Water Development Board
UpazillaNirbahi Officer, BarislaSadar
Assistant Commissioner (Land), Barisal Sadar
Upazilla Engineer, Local Government Engineering Department, Barisal Sadar

Facts

“Lakutia Khal” has contributed significantly to the economic development and maintenance of the ecological balance of Barisal Sadarupzilla. It has reduced drastically due to unsustainable structural interventions, many encroachments and illegally made dumps, so that it no longer is used for navigation. Farming and fishing communities faced miseries due to reduced flow. Hectors of agricultural lands farmer suffered irrigation scarcity.

Rule/Order/Judgment

Date: 05/07/2015

Details

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 toprepare 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

Mrs. Justice Zinat Ara
Mr. Justice J.N. Deb Choudhury

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Area of law

Environment,
Livelihood,
Accountability and Institutional Reform

Keywords

Lakutia Khal case

Relevant statute

Constitution, Articles 18A, 31, 32 and 102;

Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);

Environment Conservation Rules, 1997;

Bangladesh Water Development Board Act, 2000;