HC issues rule over protection of Chakaria Sundarbans

The High Court today issued a rule asking the government to explain why its failure to restore and protect the Chakaria Sundarbans and the notifications de-reserving parts of the forest should not be declared illegal and unconstitutional.

The bench of Justice Fahmida Quader and Justice Md Ashif Hasan issued the rule after a preliminary hearing on a writ petition filed by rights organisation Bangladesh Environmental Lawyers Association (BELA).

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In the rule, the court asked the respondents to explain why the notifications de-reserving the protected forest should not be declared contrary to the Constitution and existing laws.

It also sought an explanation as to why the authorities should not be directed to cancel all illegal leases and allocations, evict unauthorised occupants, and restore and protect the 21,020.45 acres of reserved and protected Chakaria Sundarbans in the coastal region of Cox's Bazar.

The respondents include the secretaries of the ministries of land; environment, forest and climate change; fisheries and livestock; and agriculture, as well as the chief conservator of forests, director general of the Department of Fisheries, Cox's Bazar deputy commissioner, additional deputy commissioner (revenue), superintendent of police, conservator of forests (Chattogram Circle), two divisional forest officers, and Chakaria upazila nirbahi officer.

BELA said in the petition that the Chakaria Sundarbans, once an extensive mangrove forest in Cox’s Bazar Chakaria upazila, has been almost entirely lost due to indiscriminate leasing, illegal encroachment and de-reservation through gazette notifications.

The organisation argued that despite repeated official directives to recover the forest, the authorities have failed to implement them, in violation of the Forest Act, 1927, and Article 18A of the Constitution, which obliges the state to protect the environment and biodiversity.

Barrister Md Ashraf Ali assisted by Barrister Rumana Sharmin appeared for BELA during the hearing on the petition.