The Appellate Division of the Supreme Court on Sunday upheld the High Court directive to remove illegal structures built by Bangladesh Jatiya Matsyajibi Samity Ltd inside the boundary of the Karnaphuli River, clearing the way for long-delayed action against encroachment on one of the country鈥檚 most vital waterways.
A three-judge bench, led by Justice Md Ashfaqul Islam, dismissed a petition filed by the fisheries association challenging the High Court order issued on May 29, 2024 that rejected their writ against the eviction notice served by the Chattogram deputy commissioner.
The apex court also lifted its status-quo order imposed from October 22, 2024, which had temporarily stalled the removal of the illegal structures.
The Karnaphuli River, a critical lifeline for Chattogram鈥檚 port and ecosystem, has been severely degraded by encroachments over the years.
In 2016, the High Court, responding to a writ petition by non-governmental body Human Rights and Peace for Bangladesh, ordered authorities to remove 2,181 illegal structures built in areas on the riverbanks that fell within the boundary of the river.
The structures built by the fisheries association were among the structures, built in acts of encroachment, marked for demolition.
Human Rights and Peace for Bangladesh lawyer Manzill Murshid told the Appellate Division on Sunday that despite the 2016 ruling, the Chattogram Port Authority illegally leased out parts of the river to the fisheries association, directly violating the court order.
He argued that instead of protecting the river from encroachment, the port authority facilitated further environmental destruction by allowing commercial structures to obstruct the natural water flow.
Manzill further contended that the port authority鈥檚 primary duty was to ensure the navigability of the Karnaphuli River and remove any obstacles hindering the movement of vessels.
鈥業nstead, they illegally leased out land to the fisheries association to gain illicit financial benefit,鈥� he argued.
Supreme Court Bar Association president AM Mahbub Uddin Khokon, representing the fisheries association, however, countered that the structures could not be removed without first determining land ownership, claiming that the fisheries association had obtained the lease through due process.
Additional attorney general Aneek R Haque, appearing for the state, told 抖阴精品 that the ruling now put the onus on the Chattogram district administration and port authorities to act decisively in implementing the eviction and restoring the river鈥檚 natural state.
