The High Court in a full verdict on Tuesday recommended immediately passing the private bill that sought steps in 2016 for appropriate use and conservation of agricultural land.聽
The proposed law also banned excavation of ponds on agricultural land or in paddy fields.
The private bill was tabled in Jatiya Sangsad on March 31, 2022, and the Speaker sent the bill to the parliamentary standing committee on private members鈥� bills and resolutions.聽聽
Jatiya Party reserved seat lawmaker Raushan Ara Mannan introduced the bill titled 鈥楢griculture Land (Appropriate Use and Conservation) Bill 2022.
The High Court in the verdict also suggested passing a law such as the Islands Development Act to create an authority under the land ministry to develop the country鈥檚 islands.
The bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil made the two recommendations in their written verdict allowing excavation of a pond on farm land as there was no law to protect agricultural land.
The bench in a short verdict on June 2, 2022, declared illegal the Naogaon revenue deputy collector鈥檚 decision that on April 16, 2019, denied farmer Mizanur Rahman鈥檚 permission following the Sand and Soil Management Act 2010 to excavate a pond on 154 decimals of agricultural land for fish farming.
The bench delivered the verdict disposing of a writ petition filed by farmer Mizanur Rahman from mauza Chakkanu at Manda upazila challenging the legality of deputy commissioner of Naogaon鈥檚 denial on February 14, 2019 to excavate a pond on his own farm land.
The DC upheld the union land officer鈥檚 notification issued on January 31, 2019, asking the farmer to stop the excavation or face legal action as per the sand and soil management act.
The land officer barred the farmer from excavating on the paddy land, stating that the excavation would cause water stagnation and hamper farming of paddy.
Moreover, the local fisheries officer opined that fishes could not be farmed by excavating ponds in sandy soil.聽聽
The verdict quoted the Article 42(1) of the constitution which says, 鈥楽ubjected to any restrictions of law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property鈥�..鈥�
It says, 鈥楥lassification or partition of land is a fundamental right of citizens and there is no specific rule or law that deprives them of their rights.鈥�
The verdict that the proposed Agriculture Land (Appropriate Use and Conservation) Bill 2016 banning excavation of pond on farm land was drafted but the bill was not passed yet for 鈥榰nknown reason鈥�.
The court also recommended passing the Island Development Act for creating an authority under the land ministry to develop islands like neighbouring India, and Japan and Finland.
