Case Number: Writ Petition No. 11302 of 2015

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Date of filing: 2015/11/09

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
Director General, Department of Environment
Chairman, Bangladesh Water Development Board
Deputy Commissioner, Pirojpur
UpazillaNirbahi Officer, Mothbaria, Pirojpur
UpazillaNirbahi Office, Mothbaria, Pirojpur
Chairman, Merrukhali Union Porisod, Mothbaria, Pirojpur

Facts

“Badura Khal” used to drain out water and support local irrigation of the Merrukhali Union of Pirojpur. Due to the embankment (cross-dam) in the other connecting canals, the villagers were getting water logged with flood, cyclone and tidal surges. As a result agricultural activities had come to a complete halt and local residents were suffering from many health hazards caused by the stinky stagnant salty water of the canal.

Rule/Order/Judgment

Date: 30/11/2015

Details

The High Court Division on 30.11.2015 issued a Rule Nisi to show cause as to why the unauthorised construction of the embankment (cross-dam) made on “Badura Khal”, leading to water logging and crop failure in the Merrukhali Union of Pirojpur should not be declared unlawful, hazardous and against public interest, and why they should not be directed to remove the embankment (cross-dam).

The Court also directed Respondent Nos. 5, 6 and 8 to do an EIA on Badura and submit a report within 2 weeks of the order.

Justices

Mr. Justice Obaidul Hasan
Mr. Justice S. H. Md. Nurul Huda Jagirdar

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Area of law

Environment,
Livelihood,
Health,
Accountability and Institutional Reform

Keywords

Badura Khal case

Relevant statute

Constitution, Articles 18A, 21, 31, 32 and 102;

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

Environment Conservation Rules, 1997;