Hill vanishes due to legal loopholes

A hill in Chattogram's Ashkar Dighir Par area is counting its last days, and will soon be completely leveled to make way for three multi-storey buildings.

You might wonder how this happened. The developers will tell you that what they are doing is completely legal, and that the authorities concerned have given them the required approvals.

While originally designated as a slope of a hill on Revisional Survey (RS) conducted in the 1960s, a surprising amendment decades later on Bangladesh Survey (BS) in 1998 reclassified the land as a "home."

Exploiting this loophole, the Chattogram Development Authority approved landowners to construct the buildings. A huge portion of the hill has already been razed.

To raze the hill, the developers bypassed the Department of Environment (DoE) and went directly to CDA for approval, breaching protocols.

Destroying a hill without approval from the DoE is against Bangladesh Environment Preservation Act and can result in up to two years in prison or a fine of Tk 2 lakh, or both, for first-time offenders. Repeat offenders may face up to 10 years in prison or a fine of Tk 10 lakh, or both.

Besides, this also violates Building Construction Act, said  CDA insiders seeking anonymity.

Meanwhile, the DoE is seemingly unbothered by the situation, although razing of the hill has been going on in broad daylight for the last three years.

Despite a former director of the DoE Chattogram fining the land owners Tk 28 lakh in 2020 for hill leveling, the current director of this unit has not taken action against them.

OF ACTIONS AND INACTIONS

Md Abu Esa Ansary, city planner of the CDA, approved the developers to use the land in May 2022.

Based on this permission, CDA later approved building plans in April last year.

Contacted, Tanjib Hassan, CDA authorised officer, said, "I didn't give the permission. I have been promoted to this role recently."

Meanwhile, CDA has sent a letter to the landowners when the incidence of hill razing received widespread criticisms.

In reply, Shojol Chowdhury, speaking on behalf of the landowners, said they were not demolishing a hill, though he mentioned they have not obtained any environmental clearance for the project yet.

But visiting the site this month, this correspondent observed the hill was fenced. Also, a huge portion of it was leveled.

Contacted, CDA spokesperson Kazi Hasan Bin Shams  said, "We will take a decision on the matter very soon following meetings with relevant stakeholders."

Hillol Biswas, the director of the DoE Chattogram, said they cannot pursue legal actions because the area is not categorised as a hill.

When asked about how the former director managed to take punitive actions against landowners if it was not feasible, he evaded the question.

Syeda Rizwana Hasan, chief executive of Bangladesh Environmental Lawyers Association, said a hill is being destroyed due to the negligence of the DoE .The state agency is still not taking any initiative to change the classification of this land.

THE WAY OUT

But there is hope. Land Record and Survey Department officials said the district administration can re-classify the land type.

The administration has already started working on it.

The local land office has prepared a report on the suggestion of Chattogram deputy commissioner stating that this land looks like a hill.

However, when contacted, DC Abdul Bashar Mohammed Fakhruzzaman of Chattogram said, "We could not make a decision on this matter just yet."