Abu Zafar Md. Nurul Islam v Director-General, Department of Environment, Government of Bangladesh and Others

Relevant Citation: 2004 24 BLD 129, 56 DLR (2004) 1

In this case, the main issue was whether the direction is given by the Director-General of the Department of Environment to stop the manufacture and relocation of the factory in any other vacant place by canceling the Environment Clearance Certificate of Abu Zafar Md. Nurul Islam was not issued within the provisions of Bangladesh Environment Conversation Act, 1995 and Bangladesh Environment Conservation Rules, 1997.

The Court stated that Sections 8, 10, and 11 of the Bangladesh Environment Conservation Act, 1995 and Rule 5 of the Bangladesh Environment Conservation Rules, 1997 enshrined the obligation to file a complaint to the Director-General of the Department of Environment, Government of Bangladesh, about the creation of any environment pollution by industry, factory or industrial project and how to dispose of the same. Proviso to subsection 3 of section 4 of the Bangladesh Conservation Act, 1995 has made it mandatory upon the Director-General to give written notice to the owner of the industry concerned, giving him chance to take the necessary steps to rectify the environmental hazard.

The Court further observed that Environment Conservation Act, 1995 authorizes the Director-General to take temporary measures only and not any final decision however, the Director-General passed the final order canceling the Environment Clearance Certificate. Moreover, the court also observed that Section 8, 10, and 11 of the Bangladesh Environment Conservation Act were not complied with in holding the inquiry as the authority did not issue a notice to the Abu Zafar Md Nurul Islam before canceling the Environment Clearance Certificate.

In conclusion, the court accepted the appeal and declared the order issued by the Director-General unlawfully.