Explain failure to make law

The High Court yesterday questioned the legality of the government failure to formulate a specific law to protect the agricultural land in the country.

In response to a writ petition, it issued a rule asking the authorities concerned to explain in six weeks why the failure to formulate a specific law to protect the farmland should not be declared unconstitutional and against public interest.

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The HC order came at a time when the government's own policy paper on agriculture fears loss of nearly one percent of farmland each year and a draft law on protection of farmland has been on hold for several years.  

The court asked the authorities to show cause as to why their failure to protect the agricultural land of Shailat, Gazipur and Nayapara villages of Gazipur union under Sreepur upazila in Gazipur district from conversion should not be declared illegal and against public interest.

The HC asked the respondents to explain why they should not be ordered to restore the agricultural land of the three villages.

The order directed the deputy commissioner of Gazipur and assistant commissioner of land of Sreepur to submit separate reports before this court in eight weeks on how much land of three villages are being used for different purposes other than farming, ownership of 203.06 acre land which was mutated in the name of M/s Total Care Platinum Limited and grabbing of local people's land.

Secretaries to the land, law, environment and forest and agriculture ministries, director general of the Department of Environment, deputy commissioner and superintendent of police of Gazipur, chairman and UNO and AC (land) of Sreepur upazila, officer-in-charge of Sreepur Police Station, land officer of Maona union, land office of Sreepur and M/s Total Care Platinum Limited have been made respondents to the rule.

The HC bench of Justice Syed Refaat Ahmed and Justice Md Salim came up with the rule and order after hearing a writ petition filed jointly by rights organisations Bangladesh Environmental Lawyers Association (Bela), Ain O Salish Kendra (ASK), Association for Land Reform and Development (ALRD), Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Paribesh Andolon (BAPA) and Nijera Kori seeking necessary orders to protect the agricultural land.

Petitioners' lawyer Syed Rizwana Hasan told The Daily Star that the government has prepared a draft law to protect agricultural land saying the country's food security will be threatened as one percent of agricultural land in the country is being reduced every year.

But the government has not formulated the law and has not taken any effective steps to protect agricultural land, she said, adding that at least 10 private business organisations have set up signboards on the land of the three villages of Gazipur union, although there are allegations against them of land grabbing.

The situation in the three villages is similar to that of the whole country, the lawyer said.