The High Court yesterday cleared the way for the government to carry out eviction drives and recover Buriganga's land in Keraniganj from the possession of three companies of Maisha Group, owned by ruling Awami League lawmaker Aslamul Haque.

The court rejected a writ petition collectively filed by the three companies challenging the eviction activities of Bangladesh Inland Water Transport Authority (BIWTA). The three companies are CLC Power Ltd, Dhaka West Power Ltd and Dhaka North Power Utility Company Ltd.

Delivering the verdict on the petition, the HC said the rivers of the country must be protected at any cost. 

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Part of river now MP’s

It also said the boundaries of the rivers have been determined on the basis of Cadastral Survey (CS) record, and probe reports of the National River Conservation Commission (NRCC) must be considered with importance in this regard.

A government probe, led by the NRCC, has found that Aslamul, lawmaker of Dhaka-14, filled up more than 54 acres from the Buriganga river and wetland to construct a power plant and a private economic zone in Basila of Keraniganj. The MP started the illegal activity in 2010, according to the probe report.

After the petition was rejected yesterday, NRCC Chairman Mujibur Rahman Hawlader said it has now been proved that the NRCC report is correct and the lawmaker illegally filled up and possessed the land.

"I would request the government agencies concerned to recover the land to implement the HC order. I would also request the Department of Environment to cancel the clearance certificates of those companies," he said.

The HC bench of Justice Md Ashfaqul Islam and Justice Mohammad Ali also observed that the HC's 2009 directives in a case regarding four rivers around Dhaka had opened the eyes of all for protecting the water bodies.

The writ petition filed by three companies in September this year are not acceptable as their claims are disputed question of fact, and therefore, the petition is rejected, the HC bench said.

After the HC delivered the judgment, NRCC's lawyer Manzill Murshid told The Daily Star that the BIWTA must resume the eviction activists immediately to recover the land of the rivers from the illegal possession of the three companies of Aslamul.

In the petition, the companies prayed to the HC to direct the BIWTA to stop demolishing and damaging their structures, to order the authorities concerned to conduct a joint survey to determine their ownership and possession of the land and to pay them compensation for the eviction and demolition.

The companies claimed that they had all relevant documents over their possession of the land.

Following the same petition, the HC on October 22 issued a rule asking the authorities concerned of the government to explain why the BIWTA's action of demolishing and damaging structures of the companies should not be declared illegal. It also ordered to conduct a joint survey to determine the ownership and possession of the land in question.

In response to the rule, the NRCC on November 30 submitted a probe report to the HC through its lawyer Manzill Murshid saying that the companies of Maisha Group owned by Aslamul filled up more than 54 acres from the Buriganga river and wetland to construct a power plant and a private economic zone in Basila.

Out of that 54 acres, at least 12.78 acres was part of the Buriganga, according to the oldest land record available, known as the Cadastral Survey (CS) record map. But later it was illegally recorded as a private property in the Revisional Survey (RS), says the NRCC report.

The rest of the 54 acres was wetland along the river and marked as flood-flow zone in the detailed area plan (DAP) of Dhaka city. The characteristics of the flood-flow zone cannot be changed without permission as per the Bangladesh Water Act-2013.

The NRCC prepared the report in line with the 2009 High Court verdict that directed the government to measure the river areas based on the CS record.

After holding hearing, the HC bench yesterday delivered the verdict rejecting the writ petition.

Lawyer Md Ozi Ullah appeared for the writ petitioner while lawyer Quamrun Nahar Deepa represented the BIWTA.

Contacted, Aslamul's lawyer Ozi Ullah told The Daily Star that his client would move a petition before the Appellate Division of the Supreme Court seeking a stay on the HC verdict.

A lawyer has already been engaged in moving the stay petition before the apex court, he said.

Ozi Ullah added that the HC in its observation said the writ petitioner (Aslamul) could seek necessary remedy from the civil court concerned if his companies don't occupy and fill up the land of the river, and accordingly, he will move an application before the civil court for remedy in line with the HC observation.