Staff Reporter :
The High Court directed the government to include the ponds those are recorded as privately owned in City Corporation, divisional city, district town and municipal areas across the country under the definition of natural reservoir.
The court asked the environment secretary to publish a gazette notification to this effect within one year after receiving the verdict.
The court also opined that the concerned ministry of the government would take proper initiatives as per law over the ponds and other reservoirs situated in out of municipal areas across the country considering the interest of the future generation.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the direction while delivering a verdict upon hearing a writ petition.
Asaduzzaman Siddique on behalf of a rights organization, Human Rights and Peace for Bangladesh (HRPB), filed the writ petition with the High Court in 2012 challenging the legality of encroachment and earth filling of a pond situated at Kotwali police station area under Barishal City Corporation.
The court delivered the short verdict on March 5 this year and published the full text of the verdict on Thursday, said advocate Manzill Murshid who appeared in the court for HRPB.
Following the petition the High Court on September 30, 2012 issued a rule to show cause as to why a direction should not be given upon the respondents to stop encroachment and earth filling in the pond situated at Jhautola, PS. Kotwali, District-Barisal, and as to why a direction should not be given upon the respondents to protect the same pond in effective manner.
The court aslo asked the parties to maintain status quo pending hearing of the rule in respect of possession and position of construction work or stop encroachment or earth filling in the pond for a period of three months.
After holding detail hearing on the rule, the court delivered the verdict on March 5 this year and declared the rule absolute.
Advocate Manzill Murshid appeared in the court on behalf of the writ petition, while deputy attorney general Amit Talukder represented the state.
The High Court directed the government to include the ponds those are recorded as privately owned in City Corporation, divisional city, district town and municipal areas across the country under the definition of natural reservoir.
The court asked the environment secretary to publish a gazette notification to this effect within one year after receiving the verdict.
The court also opined that the concerned ministry of the government would take proper initiatives as per law over the ponds and other reservoirs situated in out of municipal areas across the country considering the interest of the future generation.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the direction while delivering a verdict upon hearing a writ petition.
Asaduzzaman Siddique on behalf of a rights organization, Human Rights and Peace for Bangladesh (HRPB), filed the writ petition with the High Court in 2012 challenging the legality of encroachment and earth filling of a pond situated at Kotwali police station area under Barishal City Corporation.
The court delivered the short verdict on March 5 this year and published the full text of the verdict on Thursday, said advocate Manzill Murshid who appeared in the court for HRPB.
Following the petition the High Court on September 30, 2012 issued a rule to show cause as to why a direction should not be given upon the respondents to stop encroachment and earth filling in the pond situated at Jhautola, PS. Kotwali, District-Barisal, and as to why a direction should not be given upon the respondents to protect the same pond in effective manner.
The court aslo asked the parties to maintain status quo pending hearing of the rule in respect of possession and position of construction work or stop encroachment or earth filling in the pond for a period of three months.
After holding detail hearing on the rule, the court delivered the verdict on March 5 this year and declared the rule absolute.
Advocate Manzill Murshid appeared in the court on behalf of the writ petition, while deputy attorney general Amit Talukder represented the state.
