The High Court has directed the preparation of a list of those involved in the extraction of sand from silica sand mahals in Habiganj and the taking of appropriate action against them, after assessing the damage caused by illegal and indiscriminate sand extraction. The court also ordered the implementation of the directive and submission of a report to the court within three months.
Following a preliminary hearing on a writ petition filed by the Bangladesh Environmental Lawyers Association (BELA), the High Court bench comprising Justice Fahmida Quader and Justice Md Asif Hassan issued this order along with a rule on Sunday.
The rule questions why the failure of the respondents to prevent illegal, unauthorised, and indiscriminate sand extraction from the silica sand mines in Madhabpur, Chunarughat, and Bahubal upazilas of Habiganj district, as per the gazette notification of the Energy and Mineral Resources Division of the Ministry of Power, Energy and Mineral Resources dated 27 June 2013, being contrary to the constitution and existing laws and regulations, should not be declared legally without authority, illegal, and against public interest.
Additionally, the court directed the Director General of the Geological Survey of Bangladesh; the Deputy Commissioner of Habiganj; the Deputy Director of the Department of Environment, Habiganj district; and the Executive Officers of Madhabpur, Chunarughat, and Bahubal upazilas to take immediate necessary steps to stop all activities of illegal, unauthorised, and indiscriminate silica sand extraction from the mentioned mines.
According to BELA, as per the gazette notification published on 23 June 2013, there are a total of 23 silica sand mahals in Habiganj district, most of which are located inside tea gardens. According to a memo from the Director General of the Geological Survey of Bangladesh dated 16 January of last year, the aforementioned sand mahals were not leased out for the Bengali year 1431-1432. Although the government-declared sand mahals were not leased out, news was published in several national and local dailies of the country stating that due to a lack of strict monitoring and oversight by the concerned authorities, sand was being extracted indiscriminately from the aforementioned sand mahals, streams of various tea gardens, reserved areas, and other places.
According to published news and information received from local residents, the highest amount of sand is being extracted from Chaklapunji, Ramganga, Chandi Chara, Chandpur Basti, Bongaon of Sutang River in 3 No. Deorgachh Union of Chunarughat Upazila; Badargaji Chara of Deundi Tea Garden in 4 No. Paikpara Union; Chara of Daragao Tea Garden in 8 No. Shatiajuri Union; Gadachara and Khasbari Tila, Panchash, Dewatoli of Raghunandan Hill in Panchari Mouza of Shankhola Union; Deochhara and Ichalia Chara in Shatiajuri Union; Bongaon Bandura, Itakholla Chara in 6 No Shahajahanpur Union of Madhabpur Upazila; Kali Chara of Brindaban Tea Garden in 2 No. Putijuri Union of Bahubal Upazila; and Rasidpur Tea Garden areas in 7 No Bhadeshwar Union.
According to news published at various times, banned dredger machines are being used for sand extraction in the mentioned areas, causing distress to public life with their loud noise, and large pits have been created around the streams. Due to unplanned sand extraction through illegal and banned methods, cracks have appeared in several hills adjacent to the mountains, which could collapse at any time, causing loss of life and irreparable damage.
Barrister Mohammad Ashraf Ali conducted the case on behalf of BELA, assisted by Advocate S Hasanul Banna. The case was conducted on behalf of the state by Deputy Attorney General Muhammad Shafiqur Rahman.
