Who stole the pond?

In the 19th century, the famous Majumdar family of Sylhet dug up a large pond to fulfil local people's need for water in greater Amberkhana area in Sylhet city.

The pond, which locals refer to as Majumdar Bari Dighi, is only around half an acre in size presently and declining every year due to certain groups illegally filling up the pond, which violates High Court injunction.

It is documented that the dighi and many other immovable properties of the family were named after a wakf in August 28, 1867 by Syed Bakht Majumdar.

The waqf was constituted as valid in April 6, 1869.

Majumdar family had a history of serving the Sultans of Bengal and then the British as Kanungo (revenue officer) of Sylhet and Syed Bakht's father Mohammad Bakht was the last Kanungo to be entitled in 1793, according to historians.

Around that time, Syed Bakht moved to Mecca and served the Ottoman Empire as a council member of the prestigious 'Sharif of Mecca'. He was also awarded the Star of the Mejidhi.

He then returned to Sylhet along with his son Moulvi Hamid Bakht Majumdar, the renowned writer of Ain-i-Hind, a Persian language text about Indian Subcontinent.

In 1877, the then British Governor General circulated a notification exempting Syed Bakht Majumdar from personal presence in civil courts.

Years after the demise of this great man, the Majumdar family members became involved in internal strife over the ownership of the waqf property. They filed lawsuits against each other.

Starting from 1927, the descendants have been involved in legal feud, and the wonderful dighi paid the price as it continued to be filled up.

Living descendants of the Majumdar family are playing the blame game over who is responsible for the sad state of the pond.

According to act-36 of year 2000 on the conservation of natural waterbodies and Bangladesh Environment Conservation Rules 1995, a pond must be protected from being filled up or grabbing.

Following a writ petition by Abrar Bakth Majumdar in 2008; a High Court bench of Justice Syed Mahmud Hossain and Justice Farid Ahmed imposed an injunction and extended the injunction till the disposal of the rule.

The injunction prohibits all activities concerning the pond, including filling and grabbing parts of it.

The HC order included Sylhet City Corporation, Secretary of Land Ministry, Secretary of Environment and Forest Ministry, Director General of the Department of Environment (DoE), Deputy Commissioner of Sylhet, Waqf Administrator of Bangladesh, and eight descendants of Majumdar family.

Advocate Shah Shaheda Akhter, divisional coordinator of Bangladesh Environment Lawyers Association (Bela), said, "Even though there is legal order that obligates authorities to protect the dighi, it's being filled and grabbed. We urged the authorities concerned to protect it, but no necessary steps have been taken anyway."

Meanwhile, a new attempt to grab some parts of the dighi has been in progress for some time, and someone is constructing a few shops in the bank of the pond.

Despite multiple attempts by this correspondent, no one admitted to this attempt at grabbing.

Mohammed Amran Hossain, director of DoE in Sylhet, said, "We lack human resources and that made it impossible to stay vigilant all the time but we take necessary steps when we get information. We'll conduct a drive there soon."

Abdul Karim Kim, general secretary of Bangladesh Paribesh Andolon (Bapa) Sylhet chapter, said, "Once Sylhet was called a town of dighis, as there were numerous ponds everywhere. Over time, most of them were filled, and the few remaining ones are barely surviving."

"Majumdar Bari Dighi is a notable one that represents the heritage of a prestigious family. But, neither the descendants, nor the authorities are concerned enough to protect it," he said, urging that everyone should come forward to protect it.

Sylhet City Mayor Ariful Haque Chowdhury said, "We're working to protect all remaining ponds of the city. Some are already being excavated and we are guarding some. But we're not being able to protect Majumdar Bari Dighi because of the High Court injunction which prohibits all activities centring the pond -- and this includes excavating and guarding."

Meanwhile, Bangladesh Paribesh Andolon (Bapa) and Bangladesh Environment Lawyers Association (Bela) are organising a human chain near the pond next Wednesday (January 20) demanding protection of the pond from illegal grabbing, reviving the pond and making it useful for locals.