Staff Reporter :
The High Court has cleared the way to evict illegal establishments and occupations built on the bank of Ichamati River in Pabna. The court on Sunday lifted a status quo issued earlier over the eviction of the illegal establishments.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah delivered the verdict after hearing a petition filed by 43 individuals to perpetuate illegal installations in the bank of the Ichamati.
Barrister Aneek R Haque appeared in the hearing on behalf of the petitioners, while advocate Manzill Murshid appeared for the other side.
According to the case documents, district administration of Pabna issued a notice to 43 persons to remove their illegal establishments built on the bank of Ichamati. Then the individuals filed a writ petition with the High Court in 2020 challenging the legality of the notification.
After primary hearing of the writ petition, the High Court on February 27 in 2020 issued status quo over the eviction process and asked the authorities of the National River Protection Commission to take appropriate legal action in accordance with law.
Complying with the High Court order, the Chairman of the National River Protection Commission visited the Ichamati river and submitted a report to the High Court saying that the land occupied by 43 individuals is Ichamati river’s land as per CS records.
After analyzing the report of the river commission, the High Court rejected the writ petition filed by 43 individuals. Then the persons filed another writ petition challenging the report submitted by the river commission and it was also rejected.
Later in the same year, they applied for the amendment of a judgment of the High Court delivered in 2009 regarding the four rivers of Dhaka. The petitioners claim that they are the owners of the land as per RS records. After hearing, the court dismissed the petition and also listed the status quo.
The High Court said in its verdict that in the case of four rivers around Dhaka it was stated in detail about the boundaries. The boundaries of the rivers should be identified in accordance with the CS records according to four rivers case and the Appellate Division also upheld that verdict.
On the other hand, in the case of Turag river, the Appellate Division has ordered to conduct a survey into the river boundaries according to the CS records. So there is no scope to amend this verdict, the High Court also said.
Lawyer Manzill Murshid said there is no legal bar now in evicting illegal establishments and occupants of the Ichamati river bank after the High Court verdict.
