Md. Mafiz Uddin Sarker, Rangpur

The High Court Division has issued a rule on 13 departments including District Administration, asking them to explain why the failure of the defendants engaged in government work to protect Rangpur's traditional Shyamasundari Canal from pollution and encroachment is a violation of the Constitution and existing laws and should not be declared unconstitutional, illegal and illegal, according to a message signed by the plaintiff's lawyer, Advocate S. Hasanul Banna.

In this rule issued on Monday, the Hon'ble Court has also sought to know why an order should not be issued to determine the boundaries of the Shyama Sundari Canal as per the CS survey and main flow, to protect the rights of local residents to cultivate and fish and to improve their quality of life and livelihood, to remove encroachers from the canal and control pollution and to restore the canal to its previous condition and properly preserve it.

The rule has been issued by making the Secretary of the Ministry of Water Resources; Secretary of the Ministry of Land; Secretary of the Ministry of Environment, Forest and Climate Change, Secretary of the Ministry of Fisheries and Livestock; Chairman of the National River Protection Commission; Director General of the Department of Environment; Director General of the Bangladesh Water Development Board; Deputy Commissioner of Rangpur, Superintendent of Police; Administrator of Rangpur City Corporation; Executive Engineer of the Rangpur Water Development Department; Director of the Rangpur Department of Environment and Upazila Executive Officers of Rangpur Sadar as defendants in the case.

Along with issuing the rule, the Hon'ble Court has directed to formulate an action plan to restore the canal to its previous condition by determining the boundaries according to the main flow of the mentioned canal, evicting the encroachers, identifying the sources of pollution, controlling pollution and ensuring proper maintenance of the canal and to submit it to the court in the form of a report within 3 months. The Rangpur Deputy Commissioner, Rangpur City Corporation Administrator, Rangpur Water Development Department Executive Engineer and Rangpur Environment Department Director have been directed to submit a report regarding the implementation of the court order.

The High Court Division Division Division Bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued this order after the initial hearing of a public interest litigation (Case No. 15571/2024) filed by the Bangladesh Environmental Lawyers Association (BELA).

It is to be noted that the Shyama Sundari Canal was excavated by creating a source stream from the Ghaghat River in the Kellaband area of Rangpur district. The area of this traditional canal is about 16 square kilometers (41.3971 acres). The canal originates from the Ghaghat River in Kellaband Mouza of Rangpur Sadar Upazila and flows through Raghunath, Bhagi, Radhaballav, Alamnagar, Nurpur, Kamalkachhna, Mahiganj of the city and joins the Khoksha Ghaghat River near the Mahiganj Railway Bridge before flowing back into the Ghaghat River. Various illegal structures including shops, residential houses and houses have been built by encroaching on this canal.

Due to all these structures, the canal is narrowing and the main flow of water is being obstructed. Along with encroachment, this canal is also plagued by pollution. The water of the canal is constantly being polluted by liquid waste, plastic, polythene, sewage, and household waste discharged through drains at different places of the canal.

As a result, the canal has lost its natural characteristics and turned into a narrow, rotten pond. Aquatic animals including fish have been lost and farmers and fishermen dependent on the canal have been forced to change their professions. Bela filed the aforementioned public interest litigation to protect Shyamasundari Canal, one of the main means of water drainage in Rangpur metropolis, from encroachment and pollution.

The case was handled by Advocate S. Hasanul Banna on behalf of Bela and assisted by Advocate Touhidul Alam. The case was handled by Deputy Attorney General Tanim Khan on behalf of the state.