High Court Division · Special Original Jurisdiction
Bangladesh Environmental Lawyers Association (BELA) v Government of Bangladesh and others
Writ Petition 8325/2014 · Decided 24 August 2025
Bangladesh Environmental Lawyers Association (BELA) filed a public interest writ petition seeking directions to declare the Bakkhali River in Cox's Bazar an Ecologically Critical Area, to demarcate its boundary, to protect it from polluters and encroachers, to restore coastal forests on its banks and to stop leasing parts of it. The Attorney General accepted that the river was badly polluted and encroached, and the National River Conservation Commission described its inspection and recommendations, including lists of illegal occupiers. Respondents claiming ownership of adjacent land argued that the writ court could not decide record of rights questions. Relying on earlier High Court Division decisions on the Buriganga, Turag, Balu, Shitalakkha, Jaflong Dawki and Karnafuli rivers, and on section 5 of the Bangladesh Environment Conservation Act, 1995, the Court made the Rule absolute. It directed the authorities to declare the river and adjacent area an Ecologically Critical Area, demarcate the river, protect it from illegal occupiers, polluters and encroachers, restore the coastal forest and report every six months, as a continuous mandamus.
- Q1
Whether the government should be directed to declare the Bakkhali River in Cox's Bazar and its adjacent area an Ecologically Critical Area and to protect it from pollution and encroachment.
- Section 5 of the Bangladesh Environment Conservation Act, 1995 empowers the government to declare an area an Ecologically Critical Area where its ecosystem is threatened, and to take necessary steps to protect it.
- The concerned authority was directed to declare the Bakkhali River and its adjacent area an Ecologically Critical Area and to take necessary steps within four months.
- The authorities were directed to demarcate the river's boundary as per R.S. and B.S. maps, taking into account its current flow, and, within four months, to protect it from illegal occupiers, polluters and encroachers.
- The authorities were directed to restore the coastal forest on both sides of the river.
- The directions were declared a continuous mandamus, with the respondents to report on steps taken every January and July.
The concerned authority of the government is directed to declare Bakkhali River and its adjacent area as “Ecologically Critical Area” (ECA) under section 5 of the Bangladesh Environment Conservation Act, 1995.
In the court’s own words.
Writ Petition 8325/2014, as published by the Supreme Court of Bangladesh. 18 pages, with paragraph numbers for citing.
1IN THE SUPREME COURT OF BANGLADESH
2HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION)
Present:
3Ms. Justice Kazi Zinat Hoque
And
4Ms. Justice Aynun Nahar Siddiqua
5Writ Petition No. 8325 of 2014
6In the matter of :
7An application under Article 102(2)(a)(i) of
8the Constitution of the People’s Republic of
9Bangladesh.
-And-
10In the matter of :
11Bangladesh Environmental Lawyers
12Association (BELA)
…… Petitioner
-VERSUS-
13Government of the People’s Republic of
14Bangladesh represented by the Secretary,
15Ministry of Land, Bangladesh Secretariat,
16Dhaka and others
……Respondents
17Mr. M. Ashraf Ali, Senior Advocate with
18Mr. S. Hasanul Banna, Advocate
…. For the petitioner
19Mr. Md. Asaduzzaman, Attorney General
20with
21Mr. Nur Muhammad Azami, DAG with
22Mr. Md. Ershadul Bari Khandakar, DAG
…. For Respondent Nos. 8-14
23Mr. N.M. Ahsanul Haque, Advocate
……..For the respondent No.6
24Mr. Mateen Uddin Anwar, with
25Mr. Md. Ali Akbar Khan Rigan, Advocates
26………For the respondent Nos. 17-36 and 37-41
Date of Hearing : 27.05.2025, 28.05.2025
and 20.08.2025.
Date of Judgment : 24th August, 2025.
27Kazi Zinat Hoque, J :
28In this application under Article 102 of the Constitution, a Rule Nisi has been issued calling upon the respondents to show cause as to why they should not be directed to declare the Bakkhali River, flowing from Cox's Bazar to the Bay of Bengal, in Cox's Bazar district as Ecological Critical Area and thereby protect the said River by demarcating its boundary as per CS maps and original and present current flows and protect the said river from the hands of the illegal polluters and encroachers and restore/ bring back the coastal forests on both the sides of the said river and also why they should not be directed to ban leasing out any part of the said river for any other purpose, like shrimp and tobacco cultivation, which is contrary to the present laws, relating to free flow of the water and thereby protect all the rivers and the environment of the country and/or pass such other or further order or orders as to this Court may seem fit and proper.
29Background
30River plays is an important part in human civilization. Bangladesh is a country of Rivers. Bakkhali is one of them. It is situated in Cox's Bazar District. This writ petition has been filed by Bangladesh Environmental Lawyer’s Association for protection of the river Bakkhali and declaring the river and adjacent area as ecologically critical area.
31The petitioner Bangladesh Environmental Lawyers Association (BELA) has been active since 1992 as one of the organizations with expertise in the regulatory field of environment and ecology. Through its various sincere and devoted endeavors it has protected public interest against environmental anarchies and significantly contributed to promoting environmental justice through a serious of persistent and well-designed activities. Since inception, BELA has undertaken a large number of public interest litigation wherein the beneficiaries have not only been the common people but also their surrounding environment, precious eco-system and natural resources that affect peoples' material and spiritual well-being. There are many evidences of BELA’s efforts to
promote a healthy environment using legal mechanism as an effective legitimate tool.
32It has already been decided in Mohiuddin Faruqu’s Case1 that BELA has locus standi in respect of Public Interest Litigation involving environmental protection. The main concern of the petitioner is that the banks of Bakkhali River have been occupied by illegal occupiers and river has become polluted and as such this writ petition was filed in Public Interest for protection of Bakkhali River.
33It is mentionable that Writ Petition No. 5224 of 2023 has been filed by several persons claiming to be owners of the land adjacent to Bakkhali river challenging purported action of respondent Nos 3-9 in evicting them without acquisition or paying compensation under the Acquisition of Immovable Property Act, 2017. Argument of Learned Counsels:
34Mr. M. Ashraf Ali, learned Senior Advocate appearing with Mr. S. Hasanul Banna, learned Advocate for the petitioner, argued that the pollution level in the water of 49 DLR (AD) (1997)1
Bakkhali River has exceeded the permissible limit and also the banks of the river have been occupied by illegal occupiers and as such the Bakkhali River as well as surrounding area of the rivers should be declared as Ecologically Critical Area under section 5 of Bangladesh Environmental Conservation Act, 1995. He referred our attention to the judgment of the High Court Division in Writ Petition No.3503 of 2009 relating to protection of four rivers namely Buriganga, Turag, Balu and Shitalakkha (h¤¢sN‰¡, a¥l¡N, h¡m¤ J n£amrÉ¡) wherein the Court passed a direction upon the respondents to declare the four rivers and adjacent areas as Ecologically Critical Area and also passed some other directions for protection of the rivers. Similarly, 10703 of 2011 was filed by BELA for protection of Jaflong Dawki river and also for declaration of the said river as Ecologically Critical Area wherein similar directions were passed. Therefore he argued that similar direction is required in this case.
35Mr. Md. Asaduzzaman, learned Attorney General, representing respondent Nos.8-14, argued that river is an important part of human civilization. The condition of water of
Bakkhali River is far below the acceptable limit and it has been polluted to such an extent that intervention of this Court is required so that the river and surrounding area are protected through appropriate direction by this Court. He further argued if the said river is declared as Ecologically Critical Area government will take necessary steps as it has earlier taken such steps in case of the aforesaid four rivers namely Buriganga, Turag, Balu and Shitalakkha (h¤¢sN‰¡, a¥l¡N, h¡m¤ J n£amrÉ¡) and also in case of Jaflong Dawki river. He further argued that there are many illegal occupiers in the banks of the river of Bakkhali and in the surrounding area. Therefore a direction is also required to evict them in accordance with law.
36The National River Conservation Commission (S¡a£u ec£lr¡ L¢jne) has also filed an affidavit-in-opposition, Mr. N.M. Ahsanul Haque, learned Advocate representing respondent No.6 (S¡a£u ec£lr¡ L¢jne), argued that pursuant to the order of this Court the River Conservation Commission has taken different steps and they have inspected the area and indentified the problems and made some recommendations to be implemented by the concerned authority. He further argued
that the River Conservation Commission will take necessary steps to protection of Bakkhali River if any direction is passed by the Court.
37Mr. N.M. Ahasanul Haque, learned Advocate representing respondent No.6, argued the respondent No.6 has complied with the Rule issuing order dated 16.09.2014 and physically visited the said river along with other government agencies and prepared report dated 06.01.2015 and appraised all agencies to take appropriate action for keeping free Bakkhali River and Bhulakhal Cannel from pollution and unauthorized occupancy followed by reminders but unfortunately the authority concerned without giving reply maintained silence and as such respondent No.6 has been doing its statutory function most dutifully and acting upon the order of the court with utmost sincerity. He further argued that the writ petitions are matters of record and leasing out process of revenue which is unexpected from these responsible authorities of the Republic.
38Mr. Mateen Uddin Anwar, appearing with Mr. Md. Ali Akbar Khan Rigan, learned Advocates representing respondent
Nos.17-36 and 37-41, argued that the respondents are owners through purchase and inheritance. He further argued that the writ court has no jurisdiction to make any decision with regard to record of rights. He also argued that several suits are pending in this regard. Therefore an appropriate direction is required. He further argued that being legal owners of land adjacent to Bakkhali River they have easement right under the Water Act, 2013. Public Interest Litigation for Protection of Rivers
39This is not the first instance that Public Interest Litigation has been filed for protection of river. Even in other parts of the world cases have been filed for protection of river.
40Some of the instances are – The Atrato River case and Marañón River case. In the Atrato River case Colombian Constitutional Court (T-622/16, 2016)2 recognized the Atrato River as a legal subject with rights to protection, conservation, and restoration Indigenous and Afro-descendant communities brought the case, arguing that government inaction on illegal mining and pollution violated their rights to life, health, food, https://www.climatecasechart.com/documents/atrato-river-decision-t-622-16-of-november- 10-2016-judgment_8646
and a healthy environment. The Court ordered the government to:
411. Implement a comprehensive action plan to clean up
42the river.
432. Restore ecosystems in the river basin.
443. Combat illegal mining.
454. Study the health impacts of pollution on local
46communities.
475. Establish a Commission to safeguard the river's rights and ensure ongoing protection.
48This ruling is significant for recognizing nature as a rights-bearing entity and advancing environmental justice in Colombia In the case of Federación Huaynakana Kamatahuara Kana vs. Petroperú SA, Ministry of the Environment, and others, Superior Court of Justice Loreto, Civil Chamber (29 August 2024)3 recognized the Marañón River as a legal entity with rights, including the right to remain free-flowing and unpolluted. The case was brought by a Kukama Indigenous women's association, highlighting threats from oil spills and pollution. https://elaw.org/wp-content/uploads/2025/04/Appeals-Court-Spanish-Sentencia-2dainstancia.-Rio-Maranon.-res_2022000100152331000230940-1.pdf
The Court ruled that the Peruvian state and authorities must protect the river, designating the indigenous community as its guardians. Similarly, in the neighboring countries cases have been filed for protection of rivers.
49In our jurisdiction several writ petitions have been filed in the form of Public Interest Litigation for protection of various rivers. Writ Petition No.3503 of 2009 was filed for protection of Buriganga, Turag, Balu and Shitalakkha rivers (h¤¢sN‰¡, a¥l¡N, h¡m¤ J n£amrÉ¡), Writ Petition No.10947 of 2011 for protection of Jaflong Dawki river and Writ Petition 6306 of 2010 for protection of Karnafuli River.
50On 1st September, 2009 the Government of Bangladesh, Ministry of Environment and Forest, Environment Section-3 issued a notification declaring Buriganga, Turag, Balu and Shitalakkha rivers and the surrounding areas as Ecologically Critical Area. Similarly on 28th January, 2015 Jaflong Dawki river and some surrounding areas were declared as Ecologically Critical Area.
51Bangladesh Environment Conservation Act 1995
52Now let us examine section 5 of the Bangladesh Environmental Conservation Act, 1995, relevant portion of the said Act is reproduced below:
535z fТa-hnNa pwLV¡fæ Hm¡L¡ ®O¡oZ¡z-(1) plL¡l k¢c HC
54j-jÑ p¿ºø qu ®k, f¢l-h-nl Ahr-ul L¡l-Z ®L¡e Hm¡L¡l
55fТa-hn hÉhÙÛ¡ (Eco-system) pwLV¡fæ AhÙÛ¡u Efe£a
56qCu¡-R h¡ qCh¡l BnwL¡ l¢qu¡-R a¡q¡ qC-m plL¡l, plL¡l£
57®NSV fБ¡fe à¡l¡, Eš² Hm¡L¡L fТahnNa pwLV¡fæ
58Hm¡L¡ (Ecologically Critical Area) -O¡oZ¡ L¢l-a f¡¢l-h
59Hhw A¢hmð Eš² pwLV¡fæ AhÙÛ¡ qCa Eš¡lZl SeÉ
60fÐ-u¡Se£u fc-rf NËqZ L¢l-hz
61(2) Ef-d¡l¡ (1) Hl Ad£e fÐcš pLm fБ¡fe pw¢nÔø
Hm¡L¡l p£j¡e¡ J j¡e¢Qœpq BCeNa hZÑe¡l EõM
b¡¢Lh Hhw HC pLm j¡e¢Qœ J BCeNa hZÑe¡ pw¢nÔø
Hm¡L¡a fÐc¢nÑa qCh Hhw a¡q¡ Eš² Hm¡L¡l c¡¢m¢mL
hZÑe¡ ¢qp¡-h ¢h-h¢Qa qC-hz
62(3) -L¡e Hm¡L¡-L fТa-hnNa pwLV¡fæ Hm¡L¡ ®O¡oZ¡l fl
plL¡l pw¢nÔø Hm¡L¡l SeÉ hÉhÙÛ¡fe¡ f¢lLÒfe¡ NËqZ
L¢l-hz
63(4) fТa-hnNa pwLV¡fæ h¢mu¡ ®O¡¢oa Hm¡L¡u ®L¡e ®L¡e
r¢aLl LjÑ h¡ fТœ²u¡ Q¡m¤ l¡M¡ h¡ öl¦ Ll¡ k¡Ch e¡ a¡q¡
plL¡l Ef-d¡l¡ (1) H E¢õ¢Ma fБ¡fe ¢e¢cÑø L¢lu¡
¢c-hz
64Section 5 of the Environmental Conservation Act, 1995 empowers the government to declare an area to be Ecologically Critical Area if the government is satisfied that Eco-system of such area has reached a point that it is not in a livable condition or there is apprehension that it may risk certain such stage then the government may in order to protect such area take necessary steps and declared such area as Ecologically Critical Area.
65The High Court Division in Writ Petition No.3503 of 2009 and Writ Petition No.10947 of 2011 declared Buriganga, Turag, Balu and Shitalakkha rivers and Jaflong Dawki river respectively as Ecologically Critical Area and pursuant to such decision of the High Court Division the government has issued gazette notification declaring such area as Ecologically Critical Area. The learned Attorney General during his submission before this Court argued that rivers are important part of human civilization and Bangladesh being a country with many rivers our life is more dependant on river than in other countries. Therefore if considering the situation and condition of Bakkhali River the Court passes any order for declaring the
Bakkhali River and its surrounding area as Ecologically Critical Area the government shall take necessary steps in the regard. Report of National River Conservation Commission (S¡a£u ec£lr¡ L¢jne).
66Now let us examine the report of National River Conservation Commission (S¡a£u ec£lr¡ L¢jne). Relevant portion the said are reproduced below:
M. h¡yLM¡m£ ec£
67œ²j fkÑ-hre/pjpÉ¡ p¤f¡¢ln h¡Ù¹h¡ueL¡l£ LaѪfr 1 1z ভহাভানয হাইক াকটে য 1z ভহাভানয 1z রিয়াযভযান,
68৩৫০৩/২০০৯ এয যায় আদারকতয সনকদে না ফাংরাকদ
69অনুমায়ী সি এি ও আযএি রভাতাকফ আয এি অবযন্তযীে রন
70ভযা ও রয র্ে অনুমায়ী নদীয আয এি ও সফ এি সযফহন তত ে ক্ষ
71িীভানা সিসিত যায সনকদে না রয র্ে অনুমায়ী
72থা করও ক্সফাজায রজরায় ফাাঁ খারী নদীয 2z রজরা প্রাি ,
73সফএি জসয এয সবসিকত নদীয ফিাকত হকফ। রয র্ে ক্সফাজায
74অবফধ দখর সিসিত যা রভাতাকফ িীভানা
75হকয়কে। সনধাযে
ে কয িীভানা ৩। সনফাহী
ে প্রক রী,
সরায প্রফাকহয ফাংরাকদ াসন
762z বূ সভ অসপকিয িাকবেয়ায িম্পূে ে অং উন্নয়ন রফার্ে,
সিসহত যেূফ ে ক্সফাজায
77জানান রম. ফাাঁ খারী নদী রফ
78কয় ফায গসতথ সযফতেন ৪। উকজরা সনফাহী
(Area Demarcation) ে
79কযকে। স ন্তু অদযাফসধ জাতীয় নদী যক্ষা
অসপিায, িদয,
80Alluvion-Diluvian (AD) Line সভনক অফসহত
ক্সফাজায
81টানা না হওয়ায াযকে নদীয যকত হকফ।
82িীভানা সনধাযকে
ে আইনী 2z ফাাঁ খারী নদীকত
83জটটরতায উদ্ভফ হকে। এসর্ রাইন টানায
ামক্রভ
ে অসফরকে
শুরু যকত হকফ।
843z ফাাঁ খারী নদী দখরদাযকদয 3zভহাভানয হাইক াVÑ
85তাসর া সনয়সভত হারনাগাদ সফবাকগয সনকদে না
যা না হওয়ায় দখরদাযকদয রভাতাকফ ফাাঁ খারী
86তৎযতা আং াজন বাকফ নদী দখরদাযকদয
87ফতদ্ধি াকে। তাসর া সনয়সভত
হারনাগাদ যকত
হকফ।
882 ১। িদয উকজরায বূ সভ ১। ভহাভানয 1z রিয়াযভযান, অসপি তত ে িযফযাহ ত ত আদারকতয সনকদে না ফাংরাকদ তাসর ায় রদখা মায় রম, রভাতাকফ ফাাঁ খারী অবযন্তযীে রন ফাাঁ খারী নদীয জসভকত নদীয িম্পূে ে অংক সযফহন তত ে ক্ষ অফসিত অবফধ দখরদাকযয অবফধ দখরদাকযয িংখযা রভাট ১৩১ জন। অবফধ তাসর া প্রস্তুতূয্ফ 2z রজরা প্রাি , দখরদারযয তাসর া প্রেয়কন জাতীয় নদী যক্ষা ক্সফাজায সফএি রয র্ে অনুিযে যা সভকন রপ্রযে হকয়কে। আযএি রয র্ে যকত হকফ। ৩। সনফাহী
ে প্রক রী,
89অনুিযে যা হয়সন। ২। ভহাভানয ফাংরাকদ াসন
উন্নয়ন রফার্ে,
আদারকতয সনকদে না
90২। ফাংরাকদ াসন উন্নয়ন ক্সফাজায
রভাতাকফ ফাাঁ খারী
91রফার্ে, ক্সফাজায তত ে
নদীয জায়গা দখর ৪। উকজরা সনফাহী
ে
92িযফযাহ ত ত ফাাউকফা
কয সনসভতে ি র অসপিায, িদয,
93ত
94ত ে িদয উকজরায হয
িানািভূহ ক্সফাজায
95যক্ষা ফাাঁধ সনভাে ে প্র কেয
উকেকদয ফযফিা
96জসভকত ফাাঁ খারী নদীয তীকয
গ্রহে যকত হকফ। 5z pqL¡l£ L¢jne¡l
97ফাাউকফা তত ে অসধগ্রহে ত ত জসভকত অফসিত ৩। এ ইিাকথ (i¨¢j), pcl, L„h¡S¡l অবফধ দখরদাকযয িংখযা রভাট ফাংরাকদ াসন ১০২ জন। উকেখয রম, উন্নয়ন রফার্ে তত ে ফাংরাকদ াসন উন্নয়ন রফার্ে অসধগ্রহে ত ত
98তত ে শুধু অসধগ্রহে ত ত জায়গায় ি র অবফধ জায়গায অবফধ দখরদাকযয দখরদাযকদয তাসর া প্রেয়ন যা হকয়কে। উকেরদয ফযফিা অবফধ দখরদাকযয তাসর া গ্রহে যকত হকফ। প্রেয়কন র ান রয র্ে অনুিযে ৪। দ্রুততভ িভকয়য
99যা হয়সন। ভকধয িীভানা সরায ৩। মটন ে নগযী ক্সফাজাকয িাকনয ফযফিা গ্রহে প্রসত ইদ্ধি জসভই অভূরÉ, পকর যকত হকফ। নদী দখরদাযকদয আগ্রািনও হকত দখরদায বয়াফহবাকফ ফতদ্ধি াকে। উকেকদয াাাস রয র্ে অনুমায়ী দ্রুততভ উিায ত ত জসভ িভকয়য ভকধয িীভানা সরায রজরা প্রািকনয িান যা না রগকর নদী তদাযস কত ও র ান অদ্ধিত্ব িং কট ড়ায আং া তত
ে কক্ষয দ্ধজম্মায়
100যকয়কে। সনকত হকফ।
An organization named Earth Law Center drafted Universal Declaration of the Rights of River4 acknowledging certain rights of the rivers. Some of the rights mentioned in the Declaration are the right to flow, the right to perform essential functions of Eco-system, the right to be free from pollution, the right to be free by sustainable occupiers, the right to navigate and right to regeneration and restoration.
101In Writ Petition No.10947 of 2011 the High Court Division declared the Jaflong Dawki River and surrounding areas Ecologically Critical Area under section 5 of the Bangladesh Environment Conservation Act, 1995. Relevant portion of the judgment is reproduced below:
“In view of the above, it appears that the
respondents like the Director General, Department
of Environment; the Director General, Bangladesh
Water Development and the Deputy
Commissioner, Sylhet have totally failed to
discharge their respective duties and
responsibilities entrusted upon them under the laws
102https://ecojurisprudence.org/initiatives/universal-declaration-of-the-rights-of-rivers/
in accordance with law in regulating free flow of
103the said river and protecting its banks from river
104erosion, and preventing encroachment over the
105river and unregulated extraction of stones thereof,
106and for conservation and improvement of
107environment of the river and its adjacent areas and
108also on controlling the environment pollution
109thereof in order to maintain ecosystem of the said
110area.”
111Writ Petition No. 6306 of 2010 was filed as Public Interest Litigation for protection of Karnafuli River. The High Court Division made the Rule absolute and gave some directions upon the government to evict the illegal occupiers removing illegal installations, building and construction established from the banks of river Karnafuli within 90(ninety) days. In the said Writ Petition the Court also held that the directions of the Court passed in that case shall be treated as continuous mandamus.
112In the facts and circumstances stated above as well as the decisions of the Apex Courts cited above we find merit in the Rule.
113In the result, the Rule in Writ Petition No.8325 of 2014 is made absolute. The following directions are made:
I. The concerned authority of the government is
directed to declare Bakkhali River and its
adjacent area as “Ecologically Critical Area”
(ECA) under section 5 of the Bangladesh
Environment Conservation Act, 1995.
II The concerned authority is further directed to
take necessary steps within 4 months from
the date of receipt of a copy of this judgment.
III. That further directed to protect the Bakkhali
River by demarcating it’s boundary as per
R.S, B.S maps taking into consideration the
current flow of the river.
IV. That further directed to protect the said river
from the hands of illegal occupiers,
polluters and encroachers within 4 months
from date of receipt of a copy of this
judgment.
V. The concerned authorities are also directed to
restore the coastal forest on both sides of the
river.
114After such publication the government shall publish gazette notification as expeditiously as possible.
115The respondents shall continue to perform their duties and shall implement the directions given hereinabove until the court direct otherwise.
116We further declare that the aforesaid directions shall be treated as continuous mandamus and this Court may suo-muto or on the applications of any of the parties pass such order as may be just and proper as protection of Bakkhali River.
117The respondents are directed to file report about the steps that they have taken to a protection of Bakkhali River after every six months i.e. in January and July every year.
118Interim order of status quo is recalled and vacated.
119There is no order as to cost.
120Transmit a copy of this judgment to the concerned respondents at once.
(Kazi Zinat Hoque, J:)
I agree
(Aynun Nahar Siddiqua, J)
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