Protecting reserve forests from de-reservation

At a time of increasing need to protect reserve forests, a local lawmaker has put forward a proposal to change the status of nearly 600 acres of reserve forests and wildlife sanctuary in Cox's Bazar into khas land for leasing them out to people living there.

Jafar Alam, elected from Chakaria-Pekua (Cox's Bazar-1) constituency, sent a DO (demi official) letter to the Cox's Bazar district administration this month to proceed with the proposal to the secretaries of the land ministry and environment, forest, and climate change ministry.

It is of note that Jafar himself is a member of the parliamentary standing committee, on the environment, forest, and climate change ministry.

The proposal of de-reservation goes against the spirit of the constitutional provisions on environmental protection, environmental laws in place and an array of observations made by the High Court Division on many occasions regarding the protection of reserved forests.

De-reservation of forests has the potential to pave the way for use of forestland for non-forest purposes and make them vulnerable to land grabbing and commercial exploitation.

The lawmaker's proposition has surprisingly coincided with an observation made by the High Court Division. On January 2, the HC directed the government to take necessary steps to protect the reserve forestland for any use other than forestation.

The court observed that any notified forestland, reserved or otherwise, cannot be allocated or leased out for any purposes that damage the country's forests. The HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandakar Diliruzzaman came up with the verdict following a writ petition filed by Bangladesh Environmental Lawyers Association.

With the said observation, the court had declared a lease agreement illegal. Under the agreement, the deputy commissioner of Chattogram issued the lease of 7.1 acres of notified forest area at Uttar Salimpur in Sitakunda to BBC Steel.

It will not be out of place to mention that under the Forest Act, 1927, the power to reserve forests vests with the government.

In light of Section 5 of the Act, no right shall be acquired in or over reserved forestland, except by succession or under a grant or contract in writing made or entered into by or on behalf of the government or some person in whom such a right was vested.

The section also provides that no fresh clearings for cultivation or any other purpose shall be made in such land except in accordance with such rules as may be made by the government in this regard.