HC slaps injunction on earth filling in Uttara water retention pond

The High Court today issued an injunction restraining the authorities concerned from earth filling in a water retention pond at Uttara area in Dhaka for next six months.

The court also issued a rule asking the respondents to explain why the handover of 40 acres of waterbody from 615.81 acres of water retention pond to Bangladesh Bridge Authority for rehabilitation of the victims under the PPP Project of Dhaka Elevated Expressway and the earth filling in the water retention ponds should not be declared illegal and unconstitutional.

Secretaries to the ministries of land, environment, forest and climate change, housing and public works and water resources, mayor of Dhaka North City Corporation, chairman of Rajdhani Unnayan Kartripakkha (Rajuk), director general of Department of Environment, director general of Bangladesh Water Development Board, chairman of National River Protection Commission, executive director of Bangladesh Bridge Authority, deputy commissioner and superintendent of police of Dhaka and project directors of PPP Project of Dhaka Elevated Expressway have been made respondents to the rule.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal came up with the order and rule following a writ petition collectively filed by five separate rights organisations challenging the legality of the handover of 40 acres of waterbody from 615.81 acres of water retention pond marked by the masterplan at Digun, Baunia and Barokakor moujas to the south of Uttara 18 No sector.

Rights bodies -- Bangladesh Environmental Lawyers Association, Association for Land Reform and Development (ALRD), Bangladesh Paribesh Andolon (Bapa) and Bangladesh Institute of Planners (BIP) and Nijera Kori -- submitted the writ petition as a public-interest-litigation to the HC recently, saying that there are only four water retention ponds in Dhaka as per the masterplan and the number is very small in proportion to the necessity of the city.

Waterlogging takes place due to earth filling in the water retention pond, they said in the writ petition, adding that Bangladesh Bridge Authority and PPP Project of Dhaka Elevated Expressway are filling the water retention pond ignoring the waterbodies law and the masterplan.

Advocate Syeda Rizwana Hasan, Advocate Minhazul Haque Chowdhury and Advocate Sayeed Ahmed Kabir appeared for the writ petitioners.