The High Court on Monday ordered the removal of a bamboo barrier built across the Amtala River in Batiaghata upazila of Khulna within seven days, following a writ petition filed in the public interest over alleged obstruction of the river’s natural flow.
The court also directed the authorities concerned to submit a compliance report within three weeks.
The order came from a High Court bench comprising Justice Md Habibul Gani and Justice Syed Mohammad Tazrul Hossain after hearing the petition filed by the Human Rights and Peace for Bangladesh (HRPB).
The bench also issued a four-week rule asking the authorities to explain why their alleged inaction in preventing the occupation of the river through the construction of the bamboo barrier should not be declared illegal and why they should not be directed to remove the structure.
According to the writ petition, the bamboo fence was erected across the Amtala River in Gangarampur Union under Batiaghata upazila after the river section had reportedly been leased out through the Khulna district administration.
The issue came to light through media reports, prompting HRPB to move the High Court.
During the hearing, Senior Advocate Manzill Murshid, appearing for HRPB, argued that environmental laws and the High Court’s landmark judgment recognising rivers as living entities do not permit any obstruction to the natural flow or navigation of rivers.
He also submitted that although the local administration may lease out parts of a river, it has no legal authority to allow the construction of bamboo barriers that block the river.
Advocates Mohammad Sarwar Ahad Chowdhury and Ripon Baroi appeared as petitioners on behalf of HRPB, while Advocate Sanjoy Mondol assisted Senior Advocate Manzill Murshid during the hearing.
Deputy Attorney General Mohammad Zisan Haider represented the state.
The respondents include the secretaries of the ministries of Environment, Land and Water Resources, the director general of the Department of Environment, the deputy commissioner of Khulna and other relevant authorities.
