Grabbing, Filling Bhadra, Hori Rivers: HC orders status quo

The High Court has ordered the authorities to maintain status quo on land grabbing, earth filling and operating brick kilns on the land of the Bhadra and Hori rivers in Khulna's Dumuria upazila for three months.

In response to a writ petition filed by Human Rights and Peace for Bangladesh (HRPB), the court on Thursday ordered the government authorities concerned to submit a report to it after complying with the directive.

The writ petitioner said lawmaker of Khulna-5 (Dumuria-Phultola) Narayan Chandra Chanda, also a former fisheries and livestock minister, Dumuria upazila Chairman Ajaz Ahmed, local union parishad Chairman Human Kabir Bulu and many others were reportedly involved in the acts of land grabbing and operating brick kilns on river land, which was obstructing the flow of the rivers.

On Thursday, the HC also issued a rule asking the authorities concerned to explain in four weeks why their inaction to stop encroachment, earth filling and operating brick kilns on river land should not be declared illegal.

In the rule, the HC asked the respondents to show causes why they should not be directed to stop such activities and remove the dams built on the rivers by influential people.

Secretaries to the ministries of local government and rural development, water resources, land, and environment and forest, the director general of Department of Environment, the deputy commissioner of Khulna, the assistant commissioner (land) of Dumuria upazila, and other government officials concerned and the local elected representatives concerned have been made respondents to the rule.

Besides, the court ordered the deputy commissioner of Khulna and the assistant commissioner (land) to conduct a survey to determine the boundaries of the Bhadra and Hori rivers and submit a survey report to it in 90 days.

The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah came up with the order and rule after hearing the petition filed by HRPB on February 22 seeking necessary directives on the government to take steps to ensure the free flow of water of the two rivers.

During the hearing on the petition, HRPB lawyer Manzill Murshid told the HC that this bench had earlier declared rivers as "living entity" and construction of structures, land grabbing, earth filling and encroachment on the land of rivers are prohibited and illegal under Article 18(A) of the constitution and Environment Preservation Act-1995 and Water Bodies Preservation Act-2000. But the government officials concerned did not take any effective steps to stop such activities involving the Bhadra and Hori rivers.

The lawyer prayed to the HC to pass necessary directives to this effect.

The rights body submitted the petition as a public interest litigation to the HC on February 22 following a report run by The Daily Star on February 12 under the headline "Brick Kilns in Khulna's Dumuria: United they kill rivers".