HC summons N’ganj DC to explain over earth filling
The High Court today summoned the deputy commissioner of Narayanganj to appear before it on February 22 to explain the actual situation of a land at Sonargaon upazila where allegedly earth filling is going on despite the Supreme Court’s restriction.
The bench of Justice Md Ashfaqul Islam and Justice Ashish Ranjan Das passed the order following a petition filed by Bangladesh Environmental Lawyers’ Association (Bela).
Narayanganj Deputy Commissioner Rabbi Miah has also been asked to explain the steps the government authorities have taken to comply with the SC order, Bela’s lawyer Advocate Minhazul Haque Chowdhury told The Daily Star.
Bela submitted the petition to the HC on February 6 seeking its order on 12 respondents including DC Rabbi Miah to appear before it for explaining their roles over the land in question at Sonargaon’s six moujas.
The respondents include secretaries to the ministries of housing and public works, land, environment and forests, and home affairs, director general of Narayanganj, a director and a deputy director of the Department of Environment, Sonargaon upazila nirbahi officer (UNO)and assistant commissioner (land), and Nur Ali, managing director of Unique Property Development Ltd and Sonargaon Economic Zone.
Bela’s lawyer Barrister Fida M Kamal moved the petition praying to the HC to order the respondents to give the explanation, while Advocate Ahsanul Karim, the lawyer for Nur Ali, opposed the petition.
On March 2, 2014, following a writ petition filed by Bela, the HC had directed Unique Property Development Ltd to stop filling up land to establish the housing project and remove soil that had already been dumped on the ecologically-sensitive agricultural land, adjoining wetlands and ecosystem by the Meghna river in Jainpur, Chaihishya, Char Bhabnathpur, Bhatibanda, Pirojpur and Ratanpur moujas in Sonargaon.
It had also issued a rule upon the authorities concerned of the government and Unique Properties Development Ltd to explain why the earth filling activities of the company for the housing project should not be declared illegal.
The writ petition said the company had already filled up 210 bighas of the 2,300 bigha-project area, comprising agricultural lands, wetlands and parts of the Meghna river.
The DoE and the company then submitted a report to the HC saying they had complied with the March 2, 2014 directive.
In September last year, the company resumed earth filling for the housing project and Bela served a legal notice on October 2 last year bringing contempt charge against the company and DoE.
On October 13 last year, the company and its associate, Unique Hotel and Resort Ltd, submitted a petition to the HC praying for the cancellation of the March 2, 2014 order.
After hearing the petition, the HC on October 25 last year allowed the housing company to construct Unique Hotel and Resort in the area.
Following a petition filed by Bela, the SC on November 3 last year stayed the HC order of October 25 and asked the HC bench led by Justice Md Ashfaul Islam to hear and dispose of the rule issued on March 2, 2014.
On January 22 this year, the HC bench led by Justice Md Ashfaqul Islam asked all 12 respondents to explain why its order for stopping destruction of agricultural land and wetlands by sand filling in six moujas of Sonargaon has not yet been complied.
The court also asked for explanation on why contempt proceedings should not be brought against the respondents for non-compliance.