IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO 7467 OF 2006

INTIIE MATTER OF

An application under Article 102 (2)(1) of the

Constitution of the Peoples Republic of

Bangladesh

-Andshy

In the matter of

Bangladesh Environmental Lawyers Association

(BELA) a society registered under the Societies

Registration Act 1860Petitioner

-versus-

The Secretary Ministry of Environment and Forest

Bangladesh ecretariat Ramna Dhaka and others

Respondents

Mr M Iqbal Kabir Advocate

For the petitioner

Ms Syeda Afsar lahan DAO

For the respondents

Date or HeariDg~ 12th September 2007

Date of Judgment 12th September 2007

PRESENT

Mr Justice Shah Abu Nayeem Mominor Rahman

And

Ir Justice Zubayer Rahman Chowdhllry

HAH ABU NAYEEM MOMINUR RAHMAN J

The Rule was issued chaUenging the setting up and operation of the

awmill named Abu aleh Rice Flow- and Sawmil1~ situated at Dag No

5254 under Khatian No 13 10 JL 0 34 Mouza- LatachapaJi Police

tation- KaJapara District- Patuakhali by the respondent No J 1 Hazi

d I mail Khan alleging to be situated within prohibited proximity of

the AmtoJee Reserv Fores~ without obtaining licence under the Sawmill

(Licence) Rules 1998 framed under the Forest Act 1927 and without

obtaining mandatory learance certificate under the Environmental

onservation Act 1995 read with the Rules 1997 framed thereunder

The respondent No 11 entered appearance and submitted affidavitshy

in-opposition

Today no one appeared for the respondent No 11

Perused the application heard the learned Advocate and also

p rused the supplementary affidavit fLIed on behalf of the petitioner and

ffidavit-in-opposirion filed by the respondent No 11

I n paragraph 12 of the writ petitio~ it has been categorically stated

that th conte ting respondent No 11 established the Sawmill without

bt ining the required approval or licence or clearance certificate from the

r pondent No 7 the Deputy Commissioner of Patuakhali the respondent

o 8 the Di isional Forest Officer Coastal Forest Department Patuakhali

nd the espondent No 10 the Deputy Director Department of

Environment Bansal Division In paragrapb ) 1 of the writ petition it has

been a erted that the operation of sawmill within the proximity of

I11tolee Re erve Forest ha been made prohibited vide Gaz tte

Notification dated 18042004 It appears from paragraph 5 of the

affidavit-ill-opposition wherein the tatements made in the paragraph 12

of the writ petition has been contradicted that the respondent No 11 ctid

not deny the allegation that he has established the sawmill without

approval trom the respondent Nos 7 8 and 10 However it has stated

that on the request of the local people the re pondent No II established

the awmilJ considering the position and need of the local people and the

problem to bring woodtimber from Kolapara which is 22 kilometers from

Kuakata and intercepted by 3 ferry service and that the 10caJ people also

requested the respondent No7 Deputy commissioner Patuakhali for

permitting the establishment of sawmill at Nobipur village under Kuakata

nd for public purpose and public interest the respondent No 11 has setup

th sawmill and as such the same cannot be termed ill any manner as

ag inst public interest

Rule 3(1) of the awmill (Licence) Rules 1998 dated 30111998

publi hed vide SRO No 270-Ain98-Forest under Section 41 of the Forest

ct 1972 contain that Il~ ~~1tl11~ 5f~ ~ ~~C1 ~gRr

( Ipoundt Fcn~~tl4i 17ftltCgtt91 oqioUJ ~f5~ ltJJjfreg~ ~ ltpAIgt ~

fll~ ltn Yfkl61171 1 ~ ~1~Cltl -rt I

Further Rule No8 provides that no awmill can be setup or

op rated within 10 kilometers of any res rYe forest or international

boundary of Banglade h except the Pourashava area I l appears from the

report ubmitted that the sawmilJ is within 4 kilometers of the Reserve

rest It thus appears that as the sawmill in reference being setup and

operated without obtaining licence from the concern authority and having

bt n tup within 10 kilometers of the reserve forest)the respondent No

) ] ha committed offence under the aforesaid Rules 1998 The setting up

and the operation of the sawmill is against law Thus we find merit in the

Rule

Accordingly the Rule is made absolute without any order as to cost

The Sawmill as setup and operated at Dag No 5154 Khatin No

1310 within Mouja Latachapali Police Station- Kolapar~ District

Patuakhali is declared to be without lawful authority and the respondent

o I I i directed to top op ration of the sawmill and to remove the

awmill therefrom within a period of 90 (ninety) working days and the

respondent Nos 7 and 8 are directed to take necessary steps in accordance

with la

SAN M Rahman

ZUBAYER RAHMAN CHOWDHURY J

I agree

Z Rahman Chowdhury

A Begum 091207nRead By ~ E mn By 11 II nOC)yen 1L~I)

The Rule was issued chaUenging the setting up and operation of the

awmill named Abu aleh Rice Flow- and Sawmil1~ situated at Dag No

5254 under Khatian No 13 10 JL 0 34 Mouza- LatachapaJi Police

tation- KaJapara District- Patuakhali by the respondent No J 1 Hazi

d I mail Khan alleging to be situated within prohibited proximity of

the AmtoJee Reserv Fores~ without obtaining licence under the Sawmill

(Licence) Rules 1998 framed under the Forest Act 1927 and without

obtaining mandatory learance certificate under the Environmental

onservation Act 1995 read with the Rules 1997 framed thereunder

The respondent No 11 entered appearance and submitted affidavitshy

in-opposition

Today no one appeared for the respondent No 11

Perused the application heard the learned Advocate and also

p rused the supplementary affidavit fLIed on behalf of the petitioner and

ffidavit-in-opposirion filed by the respondent No 11

I n paragraph 12 of the writ petitio~ it has been categorically stated

that th conte ting respondent No 11 established the Sawmill without

bt ining the required approval or licence or clearance certificate from the

r pondent No 7 the Deputy Commissioner of Patuakhali the respondent

o 8 the Di isional Forest Officer Coastal Forest Department Patuakhali

nd the espondent No 10 the Deputy Director Department of

Environment Bansal Division In paragrapb ) 1 of the writ petition it has

been a erted that the operation of sawmill within the proximity of

I11tolee Re erve Forest ha been made prohibited vide Gaz tte

Notification dated 18042004 It appears from paragraph 5 of the

affidavit-ill-opposition wherein the tatements made in the paragraph 12

of the writ petition has been contradicted that the respondent No 11 ctid

not deny the allegation that he has established the sawmill without

approval trom the respondent Nos 7 8 and 10 However it has stated

that on the request of the local people the re pondent No II established

the awmilJ considering the position and need of the local people and the

problem to bring woodtimber from Kolapara which is 22 kilometers from

Kuakata and intercepted by 3 ferry service and that the 10caJ people also

requested the respondent No7 Deputy commissioner Patuakhali for

permitting the establishment of sawmill at Nobipur village under Kuakata

nd for public purpose and public interest the respondent No 11 has setup

th sawmill and as such the same cannot be termed ill any manner as

ag inst public interest

Rule 3(1) of the awmill (Licence) Rules 1998 dated 30111998

publi hed vide SRO No 270-Ain98-Forest under Section 41 of the Forest

ct 1972 contain that Il~ ~~1tl11~ 5f~ ~ ~~C1 ~gRr

( Ipoundt Fcn~~tl4i 17ftltCgtt91 oqioUJ ~f5~ ltJJjfreg~ ~ ltpAIgt ~

fll~ ltn Yfkl61171 1 ~ ~1~Cltl -rt I

Further Rule No8 provides that no awmill can be setup or

op rated within 10 kilometers of any res rYe forest or international

boundary of Banglade h except the Pourashava area I l appears from the

report ubmitted that the sawmilJ is within 4 kilometers of the Reserve

rest It thus appears that as the sawmill in reference being setup and

operated without obtaining licence from the concern authority and having

bt n tup within 10 kilometers of the reserve forest)the respondent No

) ] ha committed offence under the aforesaid Rules 1998 The setting up

and the operation of the sawmill is against law Thus we find merit in the

Rule

Accordingly the Rule is made absolute without any order as to cost

The Sawmill as setup and operated at Dag No 5154 Khatin No

1310 within Mouja Latachapali Police Station- Kolapar~ District

Patuakhali is declared to be without lawful authority and the respondent

o I I i directed to top op ration of the sawmill and to remove the

awmill therefrom within a period of 90 (ninety) working days and the

respondent Nos 7 and 8 are directed to take necessary steps in accordance

with la

SAN M Rahman

ZUBAYER RAHMAN CHOWDHURY J

I agree

Z Rahman Chowdhury

A Begum 091207nRead By ~ E mn By 11 II nOC)yen 1L~I)

Notification dated 18042004 It appears from paragraph 5 of the

affidavit-ill-opposition wherein the tatements made in the paragraph 12

of the writ petition has been contradicted that the respondent No 11 ctid

not deny the allegation that he has established the sawmill without

approval trom the respondent Nos 7 8 and 10 However it has stated

that on the request of the local people the re pondent No II established

the awmilJ considering the position and need of the local people and the

problem to bring woodtimber from Kolapara which is 22 kilometers from

Kuakata and intercepted by 3 ferry service and that the 10caJ people also

requested the respondent No7 Deputy commissioner Patuakhali for

permitting the establishment of sawmill at Nobipur village under Kuakata

nd for public purpose and public interest the respondent No 11 has setup

th sawmill and as such the same cannot be termed ill any manner as

ag inst public interest

Rule 3(1) of the awmill (Licence) Rules 1998 dated 30111998

publi hed vide SRO No 270-Ain98-Forest under Section 41 of the Forest

ct 1972 contain that Il~ ~~1tl11~ 5f~ ~ ~~C1 ~gRr

( Ipoundt Fcn~~tl4i 17ftltCgtt91 oqioUJ ~f5~ ltJJjfreg~ ~ ltpAIgt ~

fll~ ltn Yfkl61171 1 ~ ~1~Cltl -rt I

Further Rule No8 provides that no awmill can be setup or

op rated within 10 kilometers of any res rYe forest or international

boundary of Banglade h except the Pourashava area I l appears from the

report ubmitted that the sawmilJ is within 4 kilometers of the Reserve

rest It thus appears that as the sawmill in reference being setup and

operated without obtaining licence from the concern authority and having

bt n tup within 10 kilometers of the reserve forest)the respondent No

) ] ha committed offence under the aforesaid Rules 1998 The setting up

and the operation of the sawmill is against law Thus we find merit in the

Rule

Accordingly the Rule is made absolute without any order as to cost

The Sawmill as setup and operated at Dag No 5154 Khatin No

1310 within Mouja Latachapali Police Station- Kolapar~ District

Patuakhali is declared to be without lawful authority and the respondent

o I I i directed to top op ration of the sawmill and to remove the

awmill therefrom within a period of 90 (ninety) working days and the

respondent Nos 7 and 8 are directed to take necessary steps in accordance

with la

SAN M Rahman

ZUBAYER RAHMAN CHOWDHURY J

I agree

Z Rahman Chowdhury

A Begum 091207nRead By ~ E mn By 11 II nOC)yen 1L~I)

boundary of Banglade h except the Pourashava area I l appears from the

report ubmitted that the sawmilJ is within 4 kilometers of the Reserve

rest It thus appears that as the sawmill in reference being setup and

operated without obtaining licence from the concern authority and having

bt n tup within 10 kilometers of the reserve forest)the respondent No

) ] ha committed offence under the aforesaid Rules 1998 The setting up

and the operation of the sawmill is against law Thus we find merit in the

Rule

Accordingly the Rule is made absolute without any order as to cost

The Sawmill as setup and operated at Dag No 5154 Khatin No

1310 within Mouja Latachapali Police Station- Kolapar~ District

Patuakhali is declared to be without lawful authority and the respondent

o I I i directed to top op ration of the sawmill and to remove the

awmill therefrom within a period of 90 (ninety) working days and the

respondent Nos 7 and 8 are directed to take necessary steps in accordance

with la

SAN M Rahman

ZUBAYER RAHMAN CHOWDHURY J

I agree

Z Rahman Chowdhury

A Begum 091207nRead By ~ E mn By 11 II nOC)yen 1L~I)