BELA challenged long-standing government actions affecting the Chakaria Sundarbans, arguing that authorities ignored legal obligations to recover and conserve the protected mangrove forest despite repeated official directives.
Bangladesh’s High Court on Sunday issued a rule asking the government to explain why its failure to restore and protect the Chakaria Sundarbans and notifications de-reserving parts of the forest should not be declared illegal and unconstitutional.
The bench of Justice Fahmida Quader and Justice Md Ashif Hasan issued the rule after a preliminary hearing on a writ petition filed by the Bangladesh Environmental Lawyers Association (BELA), a rights organisation.
In the rule, the court asked the respondents to explain why the notifications de-reserving the protected forest should not be declared contrary to the Constitution and existing laws.
The court also sought an explanation as to why the authorities should not be directed to cancel all illegal leases and allocations, evict unauthorised occupants and restore and protect the 21,020.45 acres of reserved and protected Chakaria Sundarbans in the coastal district of Cox’s Bazar.
The respondents include the secretaries of the ministries of land, environment, forest and climate change, fisheries and livestock and agriculture, along with the chief conservator of forests, the director general of the Department of Fisheries, the deputy commissioner of Cox’s Bazar, the additional deputy commissioner (revenue), the superintendent of police, the conservator of forests for the Chattogram Circle, two divisional forest officers and the Chakaria upazila nirbahi officer.
In its petition, BELA said the Chakaria Sundarbans, once an extensive mangrove forest in Chakaria upazila of Cox’s Bazar, had been almost entirely lost because of indiscriminate leasing, illegal encroachment and de-reservation through gazette notifications.
The organisation argued that despite repeated official directives to recover the forest, the authorities had failed to implement them, in violation of the Forest Act, 1927 and Article 18A of the Constitution, which obliges the state to protect the environment and biodiversity.
Barrister Md Ashraf Ali, assisted by Barrister Rumana Sharmin, appeared for BELA during the hearing on the petition.
