Dhaka’s ailing lungs awaiting court hearing

Hatirjheel-Begunbari Project is one of the most attractive spots for nature and beauty lovers in Dhaka. The plan was to create a place where people in this polluted city could breathe in fresh air. However, due to the lack of proper maintenance, this project—often referred to the "lungs of Dhaka"—now seems to be suffering from a deadly disease. Instead of showcasing its aesthetic structures and breathtaking natural beauty, the lake’s dark, polluted water emits a foul odor.

Yet, recognizing the immense value of Hatirjheel’s water and scenic beauty as a national asset, the High Court has issued multiple directives and provided nine recommendations for its conservation and development. However, the implementation of the court’s verdict remains in limbo, as the matter awaits a hearing in the Supreme Court.

In 2018, the environmental organization Human Rights and Peace for Bangladesh filed a writ petition questioning the legality of commercial establishments and activities outside the layout plan of the Hatirjheel-Begunbari Project and seeking measures to keep the lake water clean.

Following the final hearing of the case, the High Court delivered a verdict on June 30, 2023, issuing several directives and recommendations. The key points of the ruling are as follows:

Illegal Commercial Establishments: The court ruled that all hotels, restaurants, and commercial establishments within the Hatirjheel area are illegal and unconstitutional as per the Constitution, environmental laws, the Water Act, and the Turag River verdict.

Eviction Order: The court declared all commercial establishments, including hotels and restaurants, illegal and ordered their allocation to be canceled. It directed authorities to evict these establishments within 60 days of receiving the court’s verdict.

Dedicated Authority: The High Court recommended forming a separate governing body named Hatirjheel Lake Conservation, Development, and Management Authority, to be directly overseen by the Prime Minister’s Office.

Permanent Consultants: The court advised appointing the Bangladesh University of Engineering and Technology (BUET) and the 24th Engineering Construction Brigade of the Bangladesh Army as permanent consultants for the project area.

Public Toilets: The court recommended the establishment of underground, international-standard public toilets.

Drinking Water Facilities: The ruling suggested setting up free, clean drinking water facilities at designated points.

Pedestrian & Cyclist Lanes: The court ordered the creation of separate lanes for pedestrians, cyclists, and people with special needs.

Ban on Water-Taxis: It prohibited the use of water taxis or any mechanical transport that pollutes the lake and recommended turning the waterbody into a fish sanctuary.

Renaming the Project: The High Court suggested renaming the Hatirjheel-Begunbari Project after Sir Jagadish Chandra Bose, the first Bengali scientist.

The court further emphasized in its observation:

"Every drop of water is invaluable. There is no asset on earth more precious than clean drinking water. Therefore, it is absolutely essential to prevent every drop of Hatirjheel’s water from getting polluted."

Following the High Court’s ruling, the Rajdhani Unnayan Kartripakkha (RAJUK) filed a leave-to-appeal petition and sought a stay order, which was heard by the Chamber Court of the Appellate Division on June 19, 2024. The Chamber Court issued a status quo on the verdict and referred the appeal for a full hearing by the Appellate Division. Currently, the case awaits a hearing in the Supreme Court.

RAJUK’s lawyer, Imam Hasan, said "Since the Chamber Court issued a status quo on the High Court’s ruling, commercial establishments in Hatirjheel do not have to be removed for now. They will remain as they are. However, RAJUK is responsible for addressing water pollution."

On behalf of the business owners, lawyer Ahsanul Karim said "The High Court’s verdict regarding Hatirjheel is still under a status quo. The matter is on the cause list for a hearing at the Appellate Division. We expect a final decision from the Supreme Court soon."

Meanwhile, the petitioner’s lawyer, Manzill Murshid, expressed hope that the Supreme Court would uphold the High Court’s ruling "The status quo was issued by the Chamber Judge, but the Appellate Division will hear RAJUK’s leave-to-appeal. We hope the High Court’s verdict will be upheld in the Supreme Court."

A visit to Hatirjheel reveals that the lake’s water, contaminated with waste and sewage, emits such a strong stench that pedestrians have to cover their noses while passing by. This blackened water is reportedly contaminated by sewage from various surrounding areas. Plastic bottles, soft drink cans, and snack packets are frequently dumped into the water, even though garbage bins have been placed at regular intervals.

Once a foul-smelling swamp, Hatirjheel underwent a transformation in 2007 when a major urban development initiative was launched. The project was completed in 2019, covering 311 acres of land at a cost of 2,236 crore BDT. It included wide roads, aesthetic bridges, and afforestation to create an eco-friendly environment.

However, within just a few years of completion, unauthorized commercial structures began appearing, violating the project’s original blueprint. Due to the Supreme Court’s status quo, law enforcement agencies are unable to remove these illegal structures.