HC bars Cox's Bazar municipality from building road in ecologically critical area

The High Court today (2 September) imposed an eight-week injunction on all activities related to the construction of a 1.6-kilometre road by Cox's Bazar municipality in the ecologically critical area (ECA), no-development zone and reserved tourism area of Cox's Bazar sea beach.

The court also issued a rule asking why the road construction and the failure of the relevant authorities to prevent it should not be declared without legal authority, contrary to public interest, irregular and unlawful.

It also asked why the portions of the road already constructed should not be removed and measures taken to restore the sea beach and its biodiversity.

A bench comprising Justice JBM Hasan and Justice Aziz Ahmed Bhuiyan passed the order following the preliminary hearing of a public interest litigation filed by Bangladesh Environmental Lawyers Association (BELA).

The road is being constructed from Sugandha Point to the Sayeman Beach Resort within the ecologically critical area and no-development zone of the sea beach.

The approximately 1.6-kilometre road is being constructed under the Urban Development and Urban Governance Project with funding from the Japan International Cooperation Agency (Jica). The project involves filling a large area of the beach for road construction.

Experts and environmentalists protested the project after construction began.

According to BELA, years-old sand dunes, which serve as one of the natural barriers protecting the coast, were demolished using excavators for the project. The construction also destroyed beach vegetation, including beach morning glory, as well as habitats of red crabs and other marine biodiversity.

The environmental organisation said the Supreme Court has previously issued several judgments and orders directing authorities to refrain from constructing structures in the ecologically critical area of the sea beach and to remove illegal structures.

BELA said it filed the case in the public interest to challenge the road construction by Cox's Bazar municipality despite the Supreme Court's directives and to protect the world's longest natural sandy sea beach.

The respondents in the case include the secretaries of the Ministry of Environment, Forest and Climate Change; the Ministry of Local Government, Rural Development and Cooperatives; the Ministry of Housing and Public Works; and the Ministry of Civil Aviation and Tourism.

Other respondents include the chairman of the Cox's Bazar Development Authority, director general of the Department of Environment, Cox's Bazar deputy commissioner and superintendent of police, administrator of Cox's Bazar municipality, director of the Department of Environment's district office, and the general manager of National Development Engineers Ltd (NDE).

Advocate Minhajul Haque Chowdhury represented BELA in the case, assisted by Advocates S Hasanul Banna and Rumana Sharmin (Barrister-at-Law).

Attorney General Ruhul Quddus Kazal represented the state.