The High Court has declared the Bakkhali River, which flows through Cox’s Bazar town, an ecologically critical area and ordered the eviction of all encroachers from its boundaries to protect the river from encroachment and pollution.
A High Court bench comprising Justice Kazi Zinat Hoque and Justice Ainun Nahar Siddiqua issued the verdict following a writ petition filed by the Bangladesh Environmental Lawyers Association.
In its full verdict, the court directed the authorities to publish a gazette declaring the Bakkhali River and its surrounding areas an Ecologically Critical Area under Section 5 of the Environment Conservation Act of 1995 within four months.
The court also ordered the authorities to determine the boundaries of the river and install boundary pillars at the earliest possible time based on the RS and BS maps and the river’s present flow.
It further directed the eviction of all illegal encroachers within four months and ordered steps to free the river from pollution.
The authorities were also directed to restore or reforest the coastal forests destroyed along both banks of the river.
In its observations, the court declared the case a “continuing mandamus”, requiring regular judicial monitoring of measures taken to protect the river.
Under the order, progress reports on measures taken to protect the Bakkhali must be submitted to the court every six months, in January and July.
Referring to the Atrato River in Colombia and the Marañón River in Peru, the court observed that a river is not merely a watercourse but has its own legal personality and rights.
The Bangladesh Environmental Lawyers Association filed the writ petition in 2014 seeking legal remedies to free the Bakkhali River from encroachment and restore its ecological condition.
Meanwhile, encroachers filed another case against the river protection proceedings in 2023. The court dismissed that case on August 24.
Cox’s Bazar Life Report
Cox’s Bazar Life Photo
