‘Stop land acquisition for BPDB residential project in Cox’s Bazar’

Supreme Court directs govt
Star Online Report

The Supreme Court today directed the government to immediately stop acquisition of land at the hills and hillocks of Jhilongja Mouja in Cox’s Bazar for a residential project for officials and staff of Bangladesh Power Development Board (BPDB). 

A four-member bench of the Appellate Division of the SC headed by Chief Justice Syed Mahmud Hossain passed the order after hearing a leave-to-appeal petition filed by Bangladesh Environmental Lawyers’ Association (Bela) against a High Court order.

The apex court also allowed Bela to move an appeal before it challenging the HC directive.

Following a writ petition, the HC on April 5 last year directed the Department of Environment (DoE) to examine through a committee the construction of structures at acquisitioned area of Jhilongja Mouja and to ensure that hills and hillocks at the mouja are not cut.

The HC also ruled that DoE can allow construction of structures in the area in accordance with relevant laws and subject to approval from a high-powered committee on the environmental impact assessment if it (DoE) feels the construction is indispensable for the national interest.

The Bela recently filed the leave-to-appeal petition against the HC order saying that there are hills or hillocks at 3.98 acres of land out of total 4 acres proposed for acquisition in Jhilongja Mouja.

The respondents of the SC directive are secretaries to the ministries of land and forests and environment; director general of DoE; chairman of BPDB; deputy commissioner and superintendent of police in Cox’s Bazar; upazila nirbahi officer (UNO) of Cox’s Bazar Sadar; executive engineer of power distribution department in Cox’s Bazar; assistant director of DoE in Cox’s Bazar; mayor of Cox’s Bazar municipality; assistant commissioner (land) of land acquisition of Cox’s Bazar Sadar; Jamal Uddin Khan of Bakshir Ghatichhora under Mathbaria upazila in Pirojpur; and Ziaul Haider Hashmi of Khalishatola Sun Uddin Haji Bari in Noakhali who were given power of attorney on behalf of the owners of the land to be acquisitioned, a Bela press release said.

Barrister Fida M Kamal, Advocate AM Aminuddin and Advocate Syeda Rizwana Hasan appeared for Bela while Advocate Mahbubey Alam argued for the respondents.