This much we owe to our progeny

Stressing the need for formulating a policy to preserve ecological balance and protect natural resources, the Supreme Court has directed the government to cancel leases of plots in Jhilanja Mouza, an “ecologically critical area (ECA)”, in Cox’s Bazar and to demolish the structures constructed in the area.

In the full text of a verdict released recently, the apex court also ordered the authorities concerned not to grant any further lease within Jhilanja Mouza or any area which has been classified as an ECA.

The SC, however, asked them to compensate the leaseholders for cancelling their leases and knocking down the structures.

“We, therefore, direct that all leases within Jhilanja Mouza granted after April 19, 1999, be cancelled in the same way as those of the writ petitioners, and any constructions made thereon be demolished. Of course, the leaseholders shall be compensated for their loss due to such cancellation/demolition. We further direct that henceforth no lease shall be granted within Jhilanja Mouza or any area which has been classified as an ecologically critical area,” the top court said in the full judgment.

A seven-member bench of the SC’s Appellate Division headed by Chief Justice Syed Mahmud Hossain had delivered a short verdict on December 9 last year after dismissing five separate review petitions and a leave to appeal one filed by some leaseholders against its 2015 verdict.

In its 2015 verdict, the SC upheld a High Court judgement that on July 22, 2010, had declared valid a government decision to cancel lease of 55 plots in the  mouza.

In the full verdict, the apex court bench said, “We finally reiterate that the petitioners shall be fully compensated for their loss due to the cancellation of their leases, in accordance with the decision of the High Court Division”.

The top court said there is no ambiguity about the notification issued on April 19, 1999, by which, among others, the sea beach from Cox’s Bazar to Teknaf, including Jhilanja Mouza, was included in the ECA and that was done to protect the natural and ecological balance of the areas in question.

“However, we hope that in the days and years to come, the government will adhere to the policy of preservation of the ecological balance and protection of the natural resources of our country not only for our future generations, but also to ensure protection of the environment from degradation and the harmful effects of climate change. Certainly, this much we owe to our progeny.

“It would indeed be a travesty of justice if the petitioners having been deprived of their business opportunities, the plots are leased out to others for the purpose of construction and commercial development,” the SC said in the full judgment.

Attorney General Mahbubey Alam told The Daily Star yesterday that the SC verdict would play an important role in helping the preservation and protection of the environment.

All the leases of plots in Jhilanja Mouza granted April 19, 1999, must be cancelled, and the structures built in the area must be demolished in line with the SC directive, he added.   

On July 22, 2010, the HC declared valid a government decision cancelling leases of 55 plots in the mouza. It delivered the verdict after rejecting 39 writ petitions challenging legality of the government decision. 

The previous Awami League government declared the mouza on the seashore an ECA on April 19, 1999.

Ignoring the April 19, 1999, gazette notification in this regard, the BNP-Jamaat alliance government in 2005 leased out 59 plots of around 73 acres in the mouza.

Of the lessees, only four followed the terms of the lease, some sold off their leases, and the others constructed structures defying the lease terms.    

On January 12, 2010, the AL-led government cancelled lease of 55 plots. Leaseholders filed 39 writ petitions with the HC in the same month.