Appellate Division upholds ban on road construction on Cox’s Bazar dunes

The Appellate Division has upheld a High Court injunction halting construction of a 1.6-kilometre road through the sand dunes of Cox’s Bazar sea beach, an ecologically critical area, no-development zone and protected tourism area.

A four-member bench led by Chief Justice Zubayer Rahman Chowdhury passed the order on Monday (September 14) after hearing a petition filed by the Ministry of Environment, Forest and Climate Change challenging the High Court order.

The Supreme Court also directed the High Court to dispose of the rule issued in the case within two weeks, senior lawyer Minhajul Haque Chowdhury, who appeared for Bangladesh Environmental Lawyers Association (BELA), confirmed.

The High Court had imposed an eight-week injunction on September 2 following a BELA writ petition. It also issued a rule asking authorities to explain why the road construction should not be declared illegal and unconstitutional and why the portions already built should not be removed to restore the beach and its biodiversity.

The road, stretching from Sugandha Point to Hotel Simon, is being constructed under an urban development and governance project funded by the Japan International Cooperation Agency (JICA), according to the writ petition.

BELA and environmental experts have opposed the project, saying the dunes serve as a natural barrier against coastal hazards and support habitats for marine lilies, red crabs and other biodiversity.

BELA also alleged that the construction violates an earlier Supreme Court restriction on development activities in Cox’s Bazar’s ecologically critical area and was undertaken without the required environmental clearance.