HC issues injunction on earth-filling at Uttara pond
The High Court yesterday issued an injunction restraining authorities concerned from earth-filling in the water retention pond at Uttara in Dhaka for the next six months.
The court issued a rule questioning the legality of the handover of 40 acres of waterbody from 615.81 acres of the pond, marked by the city master-plan at Digun, Baunia and Barokakor moujas to the south of Uttara Sector 18, to Bangladesh Bridge Authority for rehabilitation of victims under the PPP Project of Dhaka Elevated Expressway, and the earth-filling on the pond.
The court also asked respondents to explain why the move should not be declared illegal and unconstitutional.
Secretaries to the ministries of land, environment, forest and climate change, housing and public works, and water resources, mayor of Dhaka North City Corporation, chairman of Rajdhani Unnayan Kartripakkha (Rajuk), director generals of Department of Environment and Bangladesh Water Development Board, chairman of National River Protection Commission, executive director of Bangladesh Bridge Authority, deputy commissioner and superintendent of police of Dhaka and project directors of PPP Project of Dhaka Elevated Expressway have been made respondents to the rule.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal came up with the order and rule following a writ petition collectively filed by five separate rights organisations, challenging the legality of the decision.
Bangladesh Environmental Lawyers' Association, Association for Land Reform and Development (ALRD), Bangladesh Paribesh Andolon (Bapa), Bangladesh Institute of Planners (BIP) and Nijera Kori submitted the writ petition as a public interest litigation to the HC recently, saying there are only four water retention ponds in Dhaka as per the master-plan.
Waterlogging takes place due to earth-filling in the water retention ponds, they said in the writ petition, adding that Bangladesh Bridge Authority and PPP Project of Dhaka Elevated Expressway are filling the water retention pond, ignoring the law concerning water-bodies and the master-plan.
Advocate Syeda Rizwana Hasan, Advocate Minhazul Haque Chowdhury and Advocate Sayeed Ahmed Kabir appeared for the writ petitioners.
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