No legal bar to free rivers

SC clears way for govt to knock down all illegal structures; rejects appeal of 7 companies against HC verdict
A Supreme Court (SC) order yesterday cleared the way for removing all structures, excluding the government ones set up to serve the public interests, from the rivers around the capital. The rivers are Shitalakkhya, Balu, Turag and Buriganga.
Even the jetties and other structures established by some private commercial companies within the rivers’ boundaries upon the government permission have to be removed as per the apex court’s order.
The Appellate Division yesterday passed the order after dismissing seven appeals filed by seven commercial companies challenging a High Court (HC) order that directed the government to remove the structures.
The companies are City Group of Industries, Heidelberg Cement Bangladesh Ltd, Kamal Vegetable, Akij Cement, ACI Cement, Cimex Cement and Molla Salt Industries.
Some legal experts opine the HC verdict of June last year regarding the four rivers has been upheld.
Advocate Manzill Murshid, a lawyer concerned, told The Daily Star there is no bar to remove the structures excluding those set up by the government in the rivers to serve public interests.
The four dying rivers will be restored and the city dwellers will be protected from environmental pollution following the apex court order, he said.
The rivers will be dredged and not be encroached upon and grabbed if the HC verdict is properly implemented, he commented.
He added the government can now continue its action knocking down the structures.
The government has to implement the HC verdict to save the rivers from encroachment and pollution, he said, adding, the Appellate Division upheld the verdict and the government is bound to comply with it.
Manzill said removal of the structures has been halted due to the pending petitions filed by the private companies challenging the HC verdict.
The five-member bench of the Appellate Division headed by Chief Justice Mohammad Fazlul Karim passed the order after hearing arguments made by the counsels of the commercial companies and the HRPB. The other members of the bench are Justice MA Matin, Justice Shah Abu Nayeem Mominur Rahman, Justice Md Muzammel Hossain and Justice SK Sinha.
In response to a writ by Human Rights and Peace for Bangladesh (HRPB), the HC in a verdict on June 25 last year directed the government to remove all structures from the four rivers.
The same court on March 21 modified the order and ruled that the structures, excluding those set up by the government to serve public interests, have to be removed.
The HC also rejected the petitions by the commercial companies challenging part of the verdict and seeking stay on a government notice asking them to remove their jetties and other structures.
The companies then filed leave to appeal petitions with the SC against the rejection order.
The HC on June 25 last year in its verdict said the exact boundaries of the rivers have to be demarcated through surveys by November 30 and the rivers were to be designated as “Ecologically Critical Areas” during that period to facilitate demarcation.
Once demarcation is complete, the authorities concerned must have the riverbanks lined with pillars, tree plantation, walkways and pavements by November 30 this year, it said.
It directed the government to constitute a “National River Protection Commission” consisting of the experts concerned within three months to properly preserve and develop the rivers of the country.
The court urged the government to have short-term and long-term plans as per the recommendations of the Commission for development of all the rivers.
The HC also called for taking immediate steps to dredge the rivers and remove the garbage deposited in the riverbeds in the last two years to improve navigation in these rivers within the next five years.
The court also ordered for dredging the Jamuna-Dhaleshwari, Dhaleshwari-Buriganga, Old Brahmaputra-Bangshi, Bangshi-Turag, Jamuna-Punglikhal, Turag and Tongi canals within five years.
It also ordered removal of all structures from the government land on the banks of the rivers around the city and its Bakland dam.
The deputy commissioner of Narayanganj on February 9 this year issued a notice asking the companies to remove their jetties from the rivers in line with the HC directives.
The companies in their petitions sought stay on the notice.
They stated in their applications that the HC judgment should be amended, since it had earlier directed the government to remove all the legal and illegal structures from the rivers.
They also claimed that their jetties have been legally set up upon obtaining lease from Bangladesh Inland Water Transport Authority.
They prayed for direction to remove only illegal structures.
Barrister Rafique-ul Huq, advocate Mahmudul Islam and barrister Rokanuddin Mahmud appeared for the companies, while advocate Manzill Murshid argued for HRPB.

Courtesy of The Daily Star