The High Court yesterday declared illegal harnessing salt water in the agricultural and forest lands for shrimp farming.
It directed the government to take effective steps to sustain the fertility of land and save the environment.
Delivering its verdict on a writ petition, the court ordered the authorities concerned to formulate a policy within three months to determine separate land for shrimp farming to ensure salt water cannot flow to nearby areas.
It also asked the government to ensure minimum use of salt water in shrimp farming so that the fertility of the nearby agricultural and forest lands is not damaged.
Citing a decision of the Indian Supreme Court, the HC said damaging the fertility of land is against the national interest.
The HC bench of Justice AHM Shamsuddin Choudhury Manik and Justice Jahangir Hossain Selim came up with the verdict after hearing a writ petition jointly filed by Bangladesh Environmental Lawyers Association (Bela) and Nijera Kori -- two rights organisations.
It further ordered the authorities concerned to make sure no unscrupulous shrimp farmers can force anybody to have salt water in their private lands for shrimp farming. If any such shrimp farmer is found, he should be brought to justice.
Though shrimp is one of the major export items of the country and many people are employed in this sector, the agricultural and forest lands are inadequate; and therefore, a balance should be brought in this regard, the court observed.
The rights bodies filed the writ petition on January 10 in 2010 seeking directives from the court to stop shrimp farming in the agricultural and forest lands of the costal districts of Khulna, Satkhira, Bagerhat, Noakhali and also in Chakaria and Sonadia islands and in some mangrove areas of the Sundarbans for saving those lands from salinity and protecting the environment.
The court on February 15 in the same year issued a rule upon the authorities concerned to explain why they should not be directed to protect the agricultural and forest lands from salinity and why blocking salt water for shrimp farming in those lands should not be declared illegal.
The Department of Environment (DoE), the Department of Agriculture (DoA) and Bangladesh Water Development Board (BWDB) have recently filed separate replies with the court in this regard.
Bela lawyers said the DoE in its report has pointed out that a total of 15,000 hectares of agricultural land is lost every year in Khulna alone due to shrimp farming.
The DoA report mentioned that such farming is like a curse for the people rather than being their hope.
The BWDB noted that the salt water of the shrimp farms has been damaging the coastal dams. Besides, the farms have severely affected the biodiversity in the coastal areas.
Lawyers Syeda Rizwana Hasan and Iqbal Kabir Lytton appeared for the petitioners, while advocate Manzill Murshid, Deputy Attorney General ABM Altaf Hossain and advocate Delwar Hossain Samaddar argued for the government.