The High Court yesterday slammed two private companies owned by businessman Md Noor Ali for grabbing and filling up water bodies, wetlands and farmlands to set up a resort and an economic zone in Narayanganj's Sonargaon upazila.

In the verdict on a writ petition, the HC observed that the land grabbing by Unique Property Development Ltd (UPDL) and Sonargaon Economic Zone (SEZ) in six moujas near the banks of the Meghna was unfortunate. It was done bypassing the relevant laws and directives from the HC and the Supreme Court.

The court declared illegal the activities of the two firms in the six moujas of Sonargaon and ordered the Department of Environment (DoE) and the local administration to take steps to restore the wetlands and farmlands there in six months.

Citing from government documents, it said the firms -- both concerns of Noor Ali-owned Unique Group -- filled up water bodies, wetlands and agricultural land in Pirojpur, Jainpur, Chhoyhissa, Char Bhabonathpur, Batibandha and Ratanpur moujas, first in the name of setting up a resort and then a private economic zone.

Noor Ali is a freedom fighter and the nation does not expect this from him, mentioned the HC bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil.

The court directed the DoE and the local administration to probe the incidents of land grabbing and earth filling by the UPDL and the SEZ or any other organisation or individual and also give compensation to the affected land owners.

It noted that 2,350 bighas of farmlands and wetlands have been grabbed in the six moujas.

A company has to apply to Bangladesh Economic Zone Authority (BEZA) for establishing an economic zone in line with the Bangladesh Economic Zone Act, 2010, after obtaining clearance certificates from the DoE and other authorities concerned, it said.

Noor Ali's firms can submit afresh applications to the BEZA for permission to establish an economic zone in Sonargaon in accordance with the law, it added.

The HC bench delivered the verdict following a writ petition filed by Bangladesh Environmental Lawyers Association (Bela) in 2014 challenging the activities of the UPDL to set up a resort in Sonargaon.

The court kept the writ petition as continuing mandamus so that any aggrieved person can move a prayer before it for necessary orders on the issue in the future.

Earlier on November 24, the bench fixed December 2 for delivering its verdict after the final hearing on the writ petition.

Talking to this newspaper, Bela's lawyer Syeda Rizwana Hasan said the UPDL and the SEZ can no longer carry out their work in the six moujas.

Contacted, Ahsanul Karim, a counsel for Noor Ali, said he was not clear about the HC verdict.

The lawyer further said the court in its order mentioned that his client could apply afresh for permission to establish an economic zone in Sonargaon.

LEGAL BATTLE

Following the filing of the writ petition by Bela on March 2, 2014, an HC bench had directed the UPDL to stop filling up wetlands and remove soil it had already dumped for setting up a resort.

The court had also issued a rule upon the company and the government authorities concerned, asking them to explain why the earth-filling should not be declared illegal and why they should not be directed to compensate the land owners.

The UPDL then filed a writ petition with the HC which on October 25, 2016, modified its 2014 order, allowing the company to go ahead with its project.

Bela on November 3, 2016, filed a petition with the SC which stayed the October 25 HC order and upheld the 2014 HC order. The apex court asked the HC to hear and dispose of its 2014 rule.

Later, Bela filed a contempt of court petition with the HC on January 16, 2017, as the UPDL started work in the moujas for establishing an economic zone in violation of the HC directives.

On August 14, 2018, Bela moved to the SC for necessary directives to stop land grabbing and earth filling in the six moujas.

The apex court then ordered Noor Ali to refrain from filling up farmlands and wetlands near the Meghna in the moujas. It also instructed the Narayanganj deputy commissioner to take necessary measures to that effect.