City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh & others

Relevant Citation: Civil Petition for leave to appeal No. 761, 767-769, 772-773 and 781 of 2010; 62 DLR(AD) (2010) 428

The petitioner of the case is City Sugar Industries Ltd., one of the largest sugar refinery units in Bangladesh under City Group. The respondent of the case is Human Rights and Peace for Bangladesh (HRPB), a non-profitable organization that aims to uphold the rights of the citizens of the country and work for the protection of the environment by taking legal steps against the activities of destroying the environment as well as violating the law.

The issue of the case was regarding whether the Writ petitioners constructed structures on several rivers at different locations illegally and public interest lies in protecting rivers from encroachments and pollutants by all means, and the present petition for leave to appeal directed against the order passed by High Court Division needs interference.

The petitioners of the case, by invoking Article 102 of the Constitution as a PIL (Public interest litigation), sought direction upon the respondents to stop and remove illegal encroachment, earth filling, and temporary and permanent structures building on the River Buriganga, Turag at Dhaka and on the River Shitalakkha at Narayanganj which were built violating the provisions of the Bangladesh Environment Conservation Act 1995 (amended in 2000 and 2002), and Megacity, Divisional Town and District Town’s municipal areas including the country's all municipal areas’ playground, open space, park and natural water reservoir Conservation Act, 2000. While interpreting section 5, 8 of Megacity, Divisional Town and District Town’s municipal areas including the country's all municipal areas’ playground, open space, park and natural water reservoir Conservation Act, 2000 and section 7 of Environment Conservation Act, 1995, it was stated that the activities of the respondents not only violated the law but also affected the environment and the normal movement of the water of the aforementioned rivers was obstructed. In addition to that, the rivers serve as top sources of water for millions of citizens residing in Dhaka and Narayanganj city, as well as a route for river-based transportations. Thus, it involves great public importance and the Writ respondents are legally bound to protect the rivers in accordance with the law. It was held by the court that the authority found that petitioners constructed structures on the rivers illegally and the same was ascertained in a survey of rivers as held as per direction of High Court Division given in another Writ Petition, as well as that, the public interest lies in protecting rivers from encroachments and pollution by all means. Therefore, no interference was called for and the petition was dismissed.