IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. OF 2018

IN THE MATTER OF:

An application under Article 102

of the Constitution of the

People’s Republic of Bangladesh

-AND-

IN THE MATTER OF:

Jahir Ahamed,

Son of Late Forak Ahmed

of Gourstan, Putibila,

Police Station- Lohagarah,

District- Chittagong.

… … Petitioner

-Versus-
 -2-

1. Bangladesh represented by the

Secretary, Ministry of Land,

Government of the People’s

Republic of Bangladesh,

Secretariat Building, Shabagh,

Dhaka.

2. The Secretary, Ministry of

Environment and Forest,

Government of the People’s

Republic of Bangladesh,

Bangladesh Secretariat, Dhaka.

3. The Secretary. Ministry of Water

Resources, Government of the

People’s Republic of

Bangladesh, Bangladesh

Secretariat, Dhaka.

4. The Director General,

Department of Environment
 -3-

(DoE), 16-E Agargaon, Sher-e-

Banglanagar, Dhaka.

5. The Divisional Commissioner,

Chittagong Division, Chittagong.

6. The Deputy Commissioner,

Office of the Deputy

Commissioner, Chittagong.

7. The Superintendent of Police,

Office of the Police

Superintendent, Chittagong.

8. The Director, Department of

Environment (DoE), Chittagong

Division, Zakir Hossain Road,

Kulshi, Chittagong.

9. The Upazila Nirbahi Officer,

Lohagara Upazila, Chittagong.

… … Respondents
 -4-

-AND-

IN THE MATTER OF

Inaction of the respondents not

taking necessary steps for

preventing environmental

hazard caused by extraction of

sands from Pantrisha

Balumahal No.1, Khatian No. 1,

B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres within

Police Station- Lohagarah,

District- Chittagong in violation

of the evjygnj I gvwU e¨ve¯’vcbv

AvBb, 2010 and thereby

endangering the lives of people

of the locality.

To
 -5-

Mr. Justice Md. Abdul Wahhab Miah, performing the

functions of the Hon’ble Chief Justice of Bangladesh and

His Companion Justices of the said Hon’ble Court

The petition on behalf of the

humble petitioner above named

most respectfully-

SHEWETH:

1. That the Petitioner is a law abiding citizen of

Bangladesh by birth and is a permanent resident of

Gourastan, Putibila, Police Station- Lohagarah,

District- Chittagong. His agricultural land is affected

by erosion of Dalu Khal owing to illegal extraction of

Pantrisha Balumahal No.1, Mouza- Pantrisha,

Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres within Lohagara Police

Station, District- Chittagong.

2. That the respondent No. 1 is the Government of

Bangladesh represented by its Secretary, Ministry of

Land responsible for the overall land administration of

 -6-

the country; the respondent No. 2 is the Secretary,

Ministry of Environment and Forest and is

responsible for the overall management and

conservation of environment; the respondent No. 3 is

the Secretary, Ministry of Water Resources,

responsible for protection and management of the

rivers and water resources of the country; the

respondent No. 4 is the Department of Environment,

represented by its Director General and is responsible

regarding protection and conservation of the

environment of the country; the respondent No. 5 is

the Divisional Commissioner, Chittagong Division,

Chittagong; the respondent No. 6 is the Deputy

Commissioner of Chittagong district, responsible for

regulating sand extraction activities at the local level;

the respondent No. 7 is the Superintendent of Police

of Chittagong responsible for enforcement of law; the

respondent No. 8 is the Director of DOE Chittagong

Division and a sub-ordinate official of respondent No.

 -7-

4; the respondent No. 9 is the Upazilla Nirbahi Officer

of Lohagara Upazilla of Chittagong.

3. That the above mentioned addresses of the

respondents are correct for the purpose of services of

notices.

4. That it is stated that the Chuniti is a union within the

police station- Lohagarah, district- Chittagong. Dalu

Khal (hereinafter referred to as ‘Khal’) is flowing on

the east side of the village. People of the locality

heavily relies upon the Khal.

5. That the respondents declared 13.30 acre of land in

B.S. dag no. 1855, 1852, 1835 in khatian No. 1,

Mouza- Pantrisha, within the police station-

Lohagarah, district- Chittagong as Pantrisha

Balumahal No. 1. And the respondent No. 6, the

Deputy Commissioner has been leasing out the

Pantrisha Balumahal No. 1 for many years.

6. That in the recent past, the lessors of the Pantrisha

Balumahal No. 1 extracted sands from the Khal and

 -8-

used it in commercial purpose. Because of excessive

extraction of sands from the said khal for many years,

there is no more sand left to be extracted from there.

Thereafter, the lessors extracted sands by digging

holes in the bank of the khal. Consequently, the both

sides of the khal were eroded. Because of erosion,

hundreds of people lost their agricultural land, plants

and their houses. Many people of the locality were

forced to relocate their residence. The whole

demography of the area has been changed. It

endangered the lives of the local people.

7. That the local people contacted the local authority

several times underscoring their sufferings and

grievances, though received no fruitful result.

8. That on 12.09.2017, the respondent No. 6, the Deputy

Commissioner published a tender notice containing in

Memo No. 05.42.1500.302.10.01.2016.1967 dated 12.09.2017 in the

‘Dainik Purbodesh’ dated 14.09.2017 for giving lease

of Pantrisha Balumahal No.1, Mouza- Pantrisha,

 -9-

Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres within Lohagara District-

Chittagong from the eligible bidders.

A photocopy of the said tender notice is annexed

hereto and marked as ANNEXURE-‘A’.

9. That the petitioner after knowing the facts narrating

all the material facts made a representation to the

respondent No. 5 & 6 on 12.11.2017 praying for

stopping all the proceeding of leasing out the

Pantrisha Balumahal No.1, Mouza- Pantrisha,

Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres within Lohagara District-

Chittagong. But the respondents did not pay any heed

to the application.

A copy of the said representation is annexed

hereto and marked as ANNEXURE-‘B’ and ‘B-1’.

10. That it is stated that being unsuccessful of all the

attempts from getting any response from the

respondents, the petitioner through his lawyer on

 -10-

14.11.2017 sent a Notice Demanding Justice upon

the respondents. But no response was given so far.

A copy of the said Notice is annexed hereto and

marked as ANNEXURE-‘C’.

11. That on 09.04.2014, the Daily “Prothom-Alo”, the

leading newspaper of the country published a story

illustrating the adverse effect of the extraction of the

sands from the Dalu Khal upon the environment and

the lives of the locality.

Paper clipping of ‘Prothom-alo’ on 09.04.2014 is

annexed hereto and marked as ANNEXURE-‘D’.

12. That several local newspapers also ran news reports

narrating the misery and grievance of the local people.

Those reports were published in the daily ‘Amader

Chattagram’ on 17.01.2017 and the ‘Dainik Shangu’

on 18.11.2017.

Paper clippings of the Daily ‘Amader

Chattagram’ on 17.01.2017 and the ‘Dainik

 -11-

Shangu’ on 18.11.2017 are annexed hereto and

marked as ANNEXURE-‘E’ AND ‘E-1’.

13. That lastly on 18.11.2017 a national newspapers

namely, the ‘Daily Sangram’ also ran news reports

stating the misery and grievance of the local people.

Paper clippings of the ‘Daily Sangram’ on

18.11.2017 is annexed hereto and marked as

ANNEXURE- ‘F’.

14. That it is stated that even after receiving the

representation from the petitioner the respondents

most illegally, with mala fide intention are still

continuing to carry out the lease out the said

balumahal.

15. That it is stated that one Shariful Islam Khokan, a

resident of Churarpara within Lohagara Police Station

filed Writ Petition No. 4016 of 2017 before the Hon’ble

High Court Division challenging the inaction of the

respondents not taking necessary steps for preventing

erosion caused by extraction of sands from Dalu Khal

 -12-

in Putibila Balumahal 2 in B.S. dag no. 13651, 14153

in khatian no. 1 within Police Station- Lohagarah,

District- Chittagong in violation of the evjygnj I gvwU

e¨ve¯’vcbv AvBb, 2010 and thereby endangering the lives

of people of the locality. On 28.03.2017, the Division

Bench of the Hon’ble High Court Division consisting

of their Lordships namely, Mr. Justice Quazi Reza-Ul

Hoque and Mr. Justice Mohammad Ullah was pleased

to issue Rule Nisi as prayed for. Their Lordships were

further pleased to direct the respondent No. 6, the

Director General, Department of environment to

conduct an inquiry with regard to leasing out and

extraction of sand from Dalu Khal in Putibila

Balumahal 2 in B.S. Dag No. 13651, 14153 in

Khatina No. 1 within Police Station- Lohagarah,

District- Chittagong about the ecological impact and if

available, environment impact assessment report, if

any available with to this Court within 30 (thirty) days

from the date. On 05.04.2017, their Lordships were

further pleased to stay the operation of the tender

 -13-

notice containing in Memo No. 05.42.1500.302.10.01.2016-

417 dated 27.02.2017, in so far as relates to Putibila

Balumahal 2 in B.S. Dag No. 13651, 14153 in

Khatina No. 1 within Police Station- Lohagarah,

District- Chittagong being Serial No. 54 of the said

tender notice. Thereafter, on 28.08.2017, the

respondent No. 6, the Director General, Department

of Environment filed an affidavit in compliance in

which it was stated that on 16.07.2017 the

Department of Environment (DoE) Chittagong

inspected the said territory of the said “Putibila Dalu

Khal” and found that parts of the said Khal were

extraction of sands illegally and prepared a report on

17.07.2017. After submission of the said Affidavit-in-

Compliance, the Division Bench of the Hon’ble High

Court Division consisting of their Lordships namely,

Mr. Justice Quazi Reza-Ul Hoque and Mr. Justice

Mohammad Ullah was pleased to dispose of the Rule

on 09.10.2017.
 -14-

Photocopies of the court’s orders and the report

submitted by DoE are annexed hereto and

marked as ANNEXURE- ‘G, G-1 and G-2’

16. That it is submitted that section 4(gha) of the evjygnj I

gvwU e¨ve¯’vcbv AvBb, 2010 clearly prohibits the

extraction of sands if there is possibility for river

erosion. In the instant case, the lessor extracted

sands from the khal in such a way that the bank of

khal were eroded and the cultivating land, plants,

houses of the local people have been damaged and the

lives of the people of the locality are endangered and

as such inaction of the respondents not taking

necessary steps for preventing erosion caused by

extraction of sands from Dalu Khal in Pantrisha

Balumahal No.1, Khatian No. 1, B.S. Dag No. 1855,

1852, 1835 measuring 13.30 acres in violation of the

evjygnj I gvwU e¨ve¯’vcbv AvBb, 2010 has been done

without lawful authority and is of no legal effect.

 -15-

17. That it is submitted that the lessor violating the

prohibition imposed by section 4 (kha) of the evjygnj I

gvwU e¨ve¯’vcbv AvBb, 2010 extracted sands near to the

bridge which connected putibila with barua para road

consequently the bridge collapsed in 2015 and as

such inaction of the respondents not taking necessary

steps for preventing erosion caused by extraction of

sands from Dalu Khal in Pantrisha Balumahal No.1,

Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres in violation of the evjygnj I gvwU

e¨ve¯’vcbv AvBb, 2010 has been done without lawful

authority and is of no legal effect.

18. That it is submitted that the people of village-

Gourasthan, Police Station- Lohagarh, District-

Chittagong have rights to lives under the provisions of

Article 32 of the Constitution but their said rights are

being severely infringed due to inaction of the

respondents and as such inaction of the respondents

not taking necessary steps for preventing erosion

caused by extraction of sands from Dalu Khal in

 -16-

Pantrisha Balumahal No.1, Khatian No. 1, B.S. Dag

No. 1855, 1852, 1835 measuring 13.30 acres in

violation of the evjygnj I gvwU e¨ve¯’vcbv AvBb, 2010 has

been done without lawful authority and is of no legal

effect.

19. That it is submitted that the inaction of the

respondents is unjust, unfair and unreasonable and

as such it is required by law to direct the respondents

to stop all the proceeding for leasing out the Pantrisha

Balumahal No.1, Khatian No. 1, B.S. Dag No. 1855,

1852, 1835 measuring 13.30 acres of the tender

notice containing in memo no. 05.42.1500.302.10.01.2016-1967

dated 12.09.2017.

20. That the petitioner craves leave of this Hon’ble Court

to file the writ petition with the photocopy of the

Annexures. As because the originals are lying upon

the office of the respondents.

21. That in the premises stated hereinabove, the

petitioner, having no other equally and efficacious

 -17-

alternative remedy, begs to move this application

before this Hon’ble Court on the following amongst

other

GROUNDS

I. For that section 4(gha) of the evjygnj I gvwU e¨ve¯’vcbv

AvBb, 2010 clearly prohibits the extraction of sands if

there is possibility for river erosion. In the instant

case, the lessor extracted sands from the khal in such

a way that the bank of khal were eroded and the

agricultural land, plants, houses of the local people

have been damaged and the lives of the people of the

locality are endangered and as such inaction of the

respondents not taking necessary steps for preventing

erosion caused by extraction of sands from Dalu Khal

in Pantrisha Balumahal No.1, Khatian No. 1, B.S. Dag

No. 1855, 1852, 1835 measuring 13.30 acres in

violation of the evjygnj I gvwU e¨ve¯’vcbv AvBb, 2010 has

been done without lawful authority and is of no legal

effect.
 -18-

II. For that the lessor violating the prohibition imposed

by section 4 (kha) of the evjygnj I gvwU e¨ve¯’vcbv AvBb,

2010 extracted sands near to the bridge which

connected putibila with barua para road consequently

the bridge collapsed in 2015 and as such inaction of

the respondents not taking necessary steps for

preventing erosion caused by extraction of sands from

Dalu Khal in Pantrisha Balumahal No.1, Khatian No.

1, B.S. Dag No. 1855, 1852, 1835 measuring 13.30

acres in violation of the evjygnj I gvwU e¨ve¯’vcbv AvBb,

2010 has been done without lawful authority and is of

no legal effect.

III. For that the people of village- Gourasthan, Police

Station- Lohagarh, District- Chittagong have rights to

lives under the provisions of Article 32 of the

Constitution but their said rights are being severely

infringed due to inaction of the respondents and as

such inaction of the respondents not taking necessary

steps for preventing erosion caused by extraction of

sands from Dalu Khal in Pantrisha Balumahal No.1,

 -19-

Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres in violation of the evjygnj I gvwU

e¨ve¯’vcbv AvBb, 2010 has been done without lawful

authority and is of no legal effect.

IV. For that the inaction of the respondents is unjust,

unfair and unreasonable and as such it is required by

law to direct the respondents to stop all the

proceeding for leasing out the Pantrisha Balumahal

No.1, Khatian No. 1, B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres of the tender notice containing

in memo no. 05.42.1500.302.10.01.2016-1967 dated 12.09.2017.

Wherefore, the petitioner most

humbly prays for the following

reliefs:

A) To issue a Rule Nisi calling

upon the Respondents to show

cause as to why inaction of the

respondents not taking

necessary steps for preventing

-20-

environmental hazard caused by

extraction of sands from

Pantrisha Balumahal No.1,

Khatian No. 1, B.S. Dag No.

1855, 1852, 1835 measuring

13.30 acres within Police

Station- Lohagarah, District-

Chittagong in violation of the

evjygnj I gvwU e¨ve¯’vcbv AvBb,

2010 and thereby endangering

the lives of people of the locality

should not be declared to have

been passed illegally, malafide,

without lawful authority and

therefore, is of no legal effect,

B) Pending disposal of the

Rule, pass an order of

injunction restraining the

respondents to lease out to

anybody for extraction of sands

-21-

from Dalu Khal in Pantrisha

Balumahal No.1, Mouza-

Pantrisha, Khatian No. 1, B.S.

Dag No. 1855, 1852, 1835

measuring 13.30 acres within-

Lohagara Police Station, District-

Chittagong;

C) Pending the disposal of the

Rule, pass an order of direction

upon the respondent No. 4,

Director General, Department of

Environment to conduct an

inquiry with regard to leasing

out and extraction of sand from

Dalu Khal in Pantrisha

Balumahal No.1, Khatian No. 1,

B.S. Dag No. 1855, 1852, 1835

measuring 13.30 acres within

Police Station- Lohagarah,

District- Chittagong about the

 -22-

ecological impact and the

environment impact assessment

report.

D) After perusing the cause, if

any and hearing the parties,

make the Rule absolute,

E) Award cost of the Petition in

favour of the Petitioner, and,

F) Pass such other or further

order or orders as to your

Lordships may deem fit and

proper.

And for this act of kindness, Your Petitioner as in duty

bound shall ever pray.

AFFIDAVIT

I, Johir Ahamed, son of late Furuk Ahamad, Mother’s

Name- late Chemon Ara Begum, of Chowdhury Bari,

Gourasthan, Lohagara, Chittagong aged about 28 years by

 -23-

profession-Agriculture, by faith- Muslim, Nationality-

Bangladeshi, National ID Card No. 0315179326564 do

hereby make solemn affirmation and say as follows:

1. That I am the petitioner of the Writ Petition and well

conversant with the facts and circumstances of the case

and competent to swear this affidavit.

2. That the statements made in paragraph no. 1 to 15,

20 to 21 are statements of facts, which I verily believe to be

true, and rest are submissions.

Prepared in my chamber

……………….. ………………………….
Advocate Deponent
The deponent is known
to me and identified by
me.

Solemnly affirmed before me on

this the day of November, Advocate
2017 at the Supreme Court Membership No.
premises at Mob:
Room No.
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COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION