The Bangladesh H’ble High Court bans soil filling for housing projects to protect environment
The Bangladesh High Court has imposed a ban on all activities, including land filling and plot sales, for the “Three Mouza housing projects” identified as main flood flow areas at RAJUK ‘s Detailed Area Plan – DAP Map of Dhaka in Saver.
The Chairman of Rajdhani Unnayan Kartripakkha (RAJUK ), the Director General of the Department of Environment, Bangladesh, and the Deputy Commissioner of Dhaka District must submit a report on the directive’s implementation.
Justices Mustafa Zaman Islam and MD Atabullah from the High Court bench conducted the initial hearing for the writ and issued this order along with the rule.
The “Three mauzas” of Savar are Isharkandi, Manosantosh and Satishkandi of Yarpur Union. Locally, the area is known as ‘Gazairar Beel’.
The Bangladesh Environmental Lawyers Association (BELA) filed a legal request to stop the housing companies Uttaran Properties Limited and Achieve Corporation from filling the reservoir without approval, in violation of the law. The request also aims to protect the environment.
Lawyer Mohammad Ashraf Ali, accompanied by lawyer S Hasanul Banna, heard on behalf of BALA in the court. Deputy Attorney General Tushar Kanti Roy was in the hearing for the state.
The ruling sought to know why the failure of the defendants to protect the main flood flow area located in the “Three mouzas” from soil filling by the two housing companies should not be declared illegal, and against public interest as it is against the law.
The rule wanted to know why the instructions for restoring and protecting the main flood flow areas, as mentioned in the law, rules, and plans, will not be provided.
The defendants, including Housing and Public Works Secretary, Agriculture Secretary, Lands Secretary, Environment Secretary, Rajuk Chairman, Director General of Environment Department, Deputy Commissioner of Dhaka, Superintendent of Police, Uttaran Properties Limited and Managing Director of Achieve Corporation have been asked to respond to the ruling. The Beel of about 600 acres in Manosantosh and Satishkandi Mauza is locally known as ‘Gajnaira’ Beel. The Beel is about 10 km in length and 4 km in width.
The area is identified as a major flood catchment area in the RAJUK’s Detailed Area Plan (DAP). During the monsoon season, the Beel gets completely filled with water. Native species of fish are still available in this Beel.
According to BELA, farmers and fishermen of around 14 villages are dependent on the Beel. According to the news published in various national and local daily newspapers, this Beel, which is full of biodiversity, is currently facing multiple threats. Indiscriminate filling of reservoirs and agricultural low-lying land for implementation of housing projects.
In the meantime, housing company Uttaran Properties Limited has erected company’s signboards on around 250 bigha of fertile land in Isharkandi, Manosantosh and Satishkandi mouza of Beel and Achieve Corporation on about 220 bigha of fertile land in Satishkandi mouza of the Beel, none of which has valid approval.