HC bars road construction through reserved forest land

The High Court has imposed a two-month ban on road construction activities through reserved forest land in Cox's Bazar's Maheshkhali upazila. The court has also issued a rule on the matter.

The Division Bench of Justice Fahmida Kader and Justice Md Asif Hasan passed the order on Thursday, August 6, after initial hearing of a public interest litigation filed by the Bangladesh Environmental Lawyers Association (BELA).

According to the case documents, 18,286.40 acres of land under Maheshkhali upazila's No 12 Hill Mouza was transferred to the Forest Department in 1954 for 100 years. The area was later declared a reserved forest through a gazette notification in 1957.

The Local Government Engineering Department (LGED) under the 'South Chattogram Regional Development Project' took the initiative to construct a 4.88 km road. Of the proposed road, 3.70 km is set to pass through reserved forest land.

BELA alleged that road construction is being carried out without approval from the Ministry of Environment, Forest and Climate Change. The case also stated that despite the ministry's ban and the Forest Department's objections, part of the road has already been constructed by cutting trees and hills from the reserved forest.

In the rule, the court asked why the initiative of LGED to construct a road through reserved forest without approval from the Ministry of Environment, Forest and Climate Change, and the failure and inaction of the concerned authorities to prevent it, should not be declared illegal, without legal authority and against public interest.

The court also asked why the initiative to construct the proposed 3.70 km road through the reserved forest should not be cancelled, the constructed paved portion of the road removed, and why necessary steps should not be taken to protect the 18,286.40 acres of reserved forest in the Maheshkhali Hill Mouza and its biodiversity.

BELA's lawyer Advocate Minhajul Haq Chowdhury conducted the case, assisted by Advocate Rumana Sharmin Shanta. The state was represented by Attorney General Ruhul Quddus Kajal.

The respondents in the case include the secretaries of the Ministry of Environment, Forest and Climate Change, the Ministry of Local Government, the Ministry of Home Affairs, the Ministry of Land, the Director General of the Department of Environment, the Chief Conservator of Forests and concerned forest officials, and the Executive Engineer of LGED in Cox's Bazar.

Monira Parvin, BELA's Chattogram Divisional Coordinator, said the case was filed to protect the reserved forest and biodiversity. Road construction cannot be allowed through reserved forest under any circumstances. If such initiatives are implemented, it will lead to deforestation, destruction of wildlife habitats and threaten biodiversity.