The High Court’s ban on road construction on the dunes of the ecologically critical Sugandha-Kolatoli beach in Cox’s Bazar remains in force for now.
The Appellate Division on Monday directed the High Court to dispose of the rule related to the ban after hearing a state petition seeking a stay on the order.
A four-member Appellate Division bench headed by the chief justice passed the order.
Lawyers concerned said the High Court has been asked to dispose of the rule within two weeks after October 25, when the court resumes after its vacation.
The Bangladesh Environmental Lawyers Association (BELA) filed a writ petition last month over the construction of a 1.6-kilometre road by Cox’s Bazar municipality from Sugandha Point to Hotel Simon through an ecologically critical area and a designated no-development zone.
After a preliminary hearing, the High Court issued a rule and an interim order on September 2, including an eight-week ban on road construction on the beach dunes.
The rule asked why the concerned authorities’ failure to prevent Cox’s Bazar municipality from constructing the road should not be declared illegal and contrary to public interest.
It also asked why the authorities should not be directed to remove portions of the road already constructed and restore the beach and its biodiversity.
The environment secretary, secretary of the Local Government Division and other respondents subsequently filed a leave-to-appeal petition challenging the High Court order.
The matter was listed as item No. 10 on Monday’s Appellate Division cause list.
Attorney General Md Ruhul Quddus Kajal and Deputy Attorney General Nur Mohammad Azmi appeared for the state.
Advocate Minhajul Haque Chowdhury represented BELA, assisted by BELA chief executive advocate Syeda Rizwana Hasan, advocates Mohammad Ashraf Ali and Hasanul Banna.
Minhajul Haque Chowdhury said the Appellate Division disposed of the state’s leave-to-appeal petition while directing that the ban on road construction remain in force until the High Court disposes of the rule.
He said the High Court was directed to dispose of the rule within two weeks after October 25.
BELA said in a statement following the High Court order that the Cox’s Bazar municipality had started constructing the road under the Urban Development and Urban Governance Project with funding from the Japan International Cooperation Agency (JICA).
The road project involves filling a large area of the beach. At the same time, dunes that serve as a natural barrier protecting the coast have allegedly been extensively excavated using heavy machinery, according to BELA.
The organisation also alleged that vegetation, including Sagarlata, as well as habitats of red crabs and other marine biodiversity, were damaged during construction.
BELA said the Supreme Court had previously issued several judgments and orders directing authorities to refrain from constructing structures in ecologically critical areas of the beach and to remove illegal structures.
The organisation said it filed the writ petition in the public interest to challenge the road construction and protect Cox’s Bazar beach.
Cox’s Bazar Life Report
Cox’s Bazar Life Photo
