The High Court today cleared the way for the government to operate eviction activities in order to recover the land of Buriganga River at Keraniganj from the possession of three private companies of Maisha Group owned by ruling Awami League lawmaker Md Aslamul Haque.
The court rejected a writ petition collectively filed by three companies--CLC Power Ltd, Dhaka West Power Ltd and Dhaka North Power Utility Company Ltd of Maisha Group challenging the eviction drive of Bangladesh Inland Water Transport Authority (BIWTA).
Delivering verdict on the writ petition, the HC said, the rivers of the country must be protected at any cost.
The boundaries of the rivers have been determined on the basis of Cadastral Survey (CS) record, and the probe report of the National River Conservation Commission (NRCC) must be considered with importance to this effect, the HC said.
The HC bench of Justice Md Ashfaqul Islam and Justice Mohammad Ali also observed that the HC's 2009 directives in the case regarding four the rivers around Dhaka have opened the eyes of all for protecting the rivers.
The writ petition filed by three companies 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 verdict, NRCC's lawyer Manzill Murshid told The Daily Star the BIWTA must resume the eviction activists immediately in order to recover the lands of the rivers from the illegal possession of three companies of Aslamul Haque following the HC verdict.
CLC Power Ltd, Dhaka West Power Ltd and Dhaka North Power Utility Company Ltd of Maisha Group moved the writ petition before the HC on October 22 this year challenging the eviction activities of BIWTA.
In the petition, the companies prayed to the HC to direct the BIWTA to stop its action of demolishing and damaging their structures, to order the authorities concerned to conduct a joint survey to determine their ownership and possession of the lands and to pay them compensation for the eviction and demolition.
The companies claimed that they had all relevant documents over 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, and why they should not be ordered to conduct a joint survey to determine the ownership and possession of the lands and to pay them compensation by asserting their loss for the eviction and demolition through an inquiry.
