Someshwari river: HC stays leasing process of Balumahals

The High Court today stayed all the tender proceedings for leasing out five Balumahals (designated sand quarries) in Someshwari river at Durgapur Upazila of Netrokona till further order.

The HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat Lizu passed the order following a petition filed by the Bangladesh Environmental Lawyers Association (Bela) seeking necessary orders to implement its previous directives on this issue.

According to the petition, Netrokona district administration floated fresh tenders on January 28 this year for leasing out the Balumahals of Someshwari river in violation of the Balumahal and Mati Byabosthapana Ain, 2010. Today (February 15) was the last date for submitting the tenders.

M/S Ruhi Enterprise owned by Mostak Ahmed Ruhi and M/S Jihan Enterprise owned by Jahangir Alam are currently lifting sands from the Balumahals as the lease holders, Bela said in the petition.

In response to a writ petition filed by the same environmentalist organisation, the HC in July 2015 issued a rule upon the government asking why the leasing out of Balumahals should not be declared illegal.

In the rule, the court also asked the authorities concerned of the government to show causes why they should not be directed to declare Someshwari River an ecologically critical area.

In addition, the HC directed the local administration to regulate and monitor sand lifting in the leased-out areas so that no damage occurs to the river and its ecology.

The HC also directed the local administration to assess the impact of sand lifting on the river.

As HC directives are yet to be implemented and the district administration of Netrokona further floated tenders to lease out the Balumahals, Bela submitted the petition recently to the HC seeking necessary orders.

Advocate Syeda Rizwana Hasan and Advocate S Hasanul Banna appeared for the writ petitioner during the hearing of the petition.