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)