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Case Number: Writ Petition No. 11302 of 2015
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Case Number: Writ Petition No. 11302 of 2015

Date of filing: 2015/11/09


Bangladesh Environmental Lawyers Association (BELA)


  1. Secretary, Ministry of Land
  2. Secretary, Ministry of Environment and Forest
  3. Secretary, Ministry of Water Resources
  4. Secretary, Ministry of LGRD and Co-operative Division
  5. Director General, Department of Environment
  6. Chairman, Bangladesh Water Development Board
  7. Deputy Commissioner, Pirojpur
  8. UpazillaNirbahi Officer, Mothbaria, Pirojpur
  9. UpazillaNirbahi Office, Mothbaria, Pirojpur
  10. Chairman, Merrukhali Union Porisod, Mothbaria, Pirojpur


“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.    


Date: 30/11/2015


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.


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

Area of law

Accountability and Institutional Reform


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; 

Bangladesh Water Development Board Act, 2000; 

Bangladesh Water Act, 2013; 

Land Management Manual, 1990

Database Last Updated on: 2017-02-12 15:26:45