Sutki river remains in the grip of a family for centuries
The river is called Sutki. It flows at least 20 kilometres after originating from the Kushiara river in Lohajuri area under Baniachong upazila in Habiganj before falling into the Ratna river at Pratabpur of the same upazila.
Recent land documents seen by The Daily Star clearly earmark the water body as a river. And yet a single family has long been claiming its ownership as a private property, depriving thousands of inhabitants living along its two banks to fish in it or use its banks.
To deter other villagers from fishing, the family, who identify themselves as descendants of a Mughal-era ruler, even fenced up parts of the banks. They also placed bamboo and thorny shrubs at different points so that no one could use fishing nets there.
The saga around this disputed water body goes centuries back and has a history of half a century's court battle.
One King Govinda Singha during the Mughal era established his rule in this area and built a palace. He later converted to Islam, a common trend at the time, and took the name Habib Khan, according to local historian Sheikh Fazley Elahi.
The palace, now partly renovated and located in No. 2 Haveli village in Baniachong Uttar Purba union, is inhabited by the family of Ahmed Zulkar Nayen, who claims to be a descendant of Govinda Singha's dynasty.
The family refuses to call Sutki a river. Instead, they say it is a "water reservoir" that their ancestors dug up centuries ago for irrigation.
In independent Bangladesh, Zulkar's uncle Dewan Yahiya Raja filed a case with a Sylhet court in 1972, claiming ownership of the river land on the same ground.
A year later, the court upheld his petition and delivered a verdict in Yahiya's favour. The court also directed the local land office to issue legal documents certifying the ownership of over 242 acres of land, including the river, to Yahiya Fish Industries, a company owned by Yahiya Raja.
About 20 years later in 1992, the then Habiganj deputy commissioner cancelled the ownership on grounds that the water body was in fact a river and therefore a government property.
In 1996, Yahiya filed a contempt of court petition against the district administration for cancelling his ownership in a Habiganj court.
In its verdict in December last year, the Habiganj court reinstated the ownership to Yahiya, saying the state has failed to produce the documents required to prove it otherwise.
Habiganj Additional Deputy Commissioner Bijen Banarjee yesterday said they will appeal against the verdict.
Land documents, including SA (State Acquisition) Khatiyan, RS (Revisional Survey) Khatiyan, and BS (Bangladesh Survey) Khatiyan, show Sutki is recorded as a river. An investigation by the local administration early this month also found the land is not a private property and that relevant documents earmark it as a river.
The Daily Star has a copy of the investigation report as well as the land records.
Tofazzal Sohel, general secretary of Bangladesh Paribesh Andolon's Habiganj unit, alleged that the government is yet to win the legal battle due to the "negligence" of government prosecutors who failed to produce the relevant documents before the court.
Bijen Banarjee, the Habiganj ADC, admitted receiving a government report that faults the prosecutors for negligence.
"But we will continue the legal battle to reclaim the river," he added.
He also said Dewan Yahiya Raja concealed vital land records when he filed the case to deceive the court.
Talking to The Daily Star, locals said it was beyond their comprehension how a whole river can be a private property.
Rafiq Mia, 65, a fisherman of Sundarpur village under Baniachang upazila, said they heard from their grandparents that the family has been controlling the river for generations.
Another fisherman, Julhas Miah, said, "Since our childhood, we have been hearing that the river is owned by Raja Saheb. So, we could never fish in it."
During a recent visit to the area, four people were found fishing in the river.
"We are working here on a daily pay basis. We catch fish and hand them over to the river owner, who pays us daily wages. We have no ownership of it," said a fisherman, seeking anonymity.
Nayen could not be reached over the phone as he is abroad now.
His lawyer Faruk Ahmed said, "This is not a river. Their [Nayen] ancestors dug the water reservoir to irrigate crops in this area centuries ago. So, they are the owners of it."
Water Development Board (WDB) officials denied the claim and said it is a river.
"We have already spent around Tk 1 crore to excavate the river," said Shanewaz Talukder, executive engineer of WDB in Habiganj.
Comments