SC dismisses tanners' plea

The Supreme Court yesterday upheld a High Court order that directed the director general (DG) of the Department of Environment to immediately close the tanneries running in Hazaribagh and disconnect their utility lines.

A three-member bench of the Appellate Division led by Chief Justice Surendra Kumar Sinha dismissed a petition filed by the chairman of Bangladesh Finished Leather, Leather Goods and Footwear Exporters Association (BFLLGFEA) seeking a stay on the HC order until June.

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While talking to The Daily Star, Bangladesh Environmental Lawyers Association's (Bela) Chief Executive Syeda Rizwana Hasan said the DG of the DoE now must shut down the tanneries in Hazaribagh and disconnect their utility services.

BFLLGFEA's lawyer Mehedi Hasan Chowdhury told this correspondent that his client had submitted the petition seeking the stay as the construction of Central Effluent Treatment Plant (CETP) was not complete at the Savar Tannery Industrial Estate.

The tannery owners are now bound to accept and comply with the HC directives, he said.

During the hearing yesterday, BFLLGFEA's lawyer Sheikh Fazle Noor Taposh prayed to the SC to stay the HC order, saying that tanners have received only Tk 112 crore of the government-promised compensation for moving out of Hazaribagh. He said more than Tk 250 crore was yet to be paid.

The apex court said environment had been polluted for a long period and people are being affected with serious diseases like cancer as the tanneries were not moved from Hazaribagh despite HC directives. 

At one stage, the chief justice said, “we are sorry” and dismissed the petition. 

Following a petition filed by Bela, the HC on March 6 directed the DG of DoE to immediately close the tanneries that are running in the capital's Hazaribagh.

The court also ordered the DG to disconnect the utility services, including gas, power and water, to the tanneries as they were damaging the environment violating the court's earlier directives.

Ministries of home, environment, industries, the inspector general of police (IGP) and the commissioner of Dhaka Metropolitan Police have been asked to assist the DG in complying with the order.

The HC asked the DG to submit a report after complying with its directives by April 6 and fixed April 10 for further hearing on the issue.

Yesterday, it was seen that most of the factories were not complete and construction work of factories was slow at the estate in Savar.

Mostofa Mazumder, deputy manager of Bangladesh Institute of Small Industry and Cottage (BISIC), said, “We can say we are ready. Tannery owners will have to come. It seems it is better to come.”

Asked about the CETP's present condition, Mostofa said, “The CETP is not fully complete but it is running and we hope the CETP would be complete soon.”

About a question regarding what would happen if all the tanners moved to the estate tomorrow with the CETP still not fully operational, he said, “Let them come … the government will monitor the situation.”

Mostofa said almost all of the factories, who asked for power supply connections, have got those at the estate.

Following a writ petition, filed by Bela, the HC on June 23, 2009, directed the tannery owners to relocate to the estate by February 28, 2010. The HC on October 30, 2010, extended the deadline until April 30, 2011.

Even though the High Court directed to shut the tannery industries operating in Hazaribagh immediately, neither the government nor the tanners have finished their work at the estate in Savar. 

Of the 154 industrial plots at the estate, only 46 are now being used by the tanners to process raw hides. The rest have seen little development.

Ismail Hossain, owner of Ismail Tannery, said, “We are trying our best to move our factory to Savar.”

Last year, the tannery factories at Hazaribagh produced every day about 21,600 cubic metres of environmentally hazardous liquid containing chemicals such as chromium, sulphur, ammonium, salt and other chemicals.