HC likely to declare judgment on setup of factories in Sundarbans ECA Tuesday

The High Court may deliver the judgment on three writ petitions seeking permission to set up factories in the Sundarbans Ecologically Critical Area (ECA) today. 

Earlier on Sunday, the High Court bench of Justice FRM Nazmul Ahsan and KM Kamrul Kader asked for the writ petitions to be kept on the cause list for judgment today.

Two of the writ petitions, by TMSS LPG Ltd and Baraka Ltd, were filed last year, while Delta LPG Ltd filed the third this year.

Confirming the matter, Deputy Attorney General ABM Abdullah-Al-Mahmud Bashar said: “The companies filed the petitions seeking permission to set up factories near the Sundarbans as 152 other companies had previously been given permission. However, the government is now bound by a policy decision.”

“As the Sundarbans is the largest mangrove forest in the world, UNESCO has declared the forest as a world heritage site. As a result, the Sundarbans has to be preserved for the sake of the country’s interest. The government has given their commitment to UNESCO. As per UNESCO guidelines, the government will take all types of legal measures to protect the Sundarbans, and it strongly opposes the prayers to set up more factories,” the DAG added.

He further said a specialist UNESCO representative group will visit Bangladesh in December, to inspect what measures the country has taken to protect the Sundarbans.

Regarding those who already had permission to set up factories and industries near the Sundarbans, the DAG said: “In accordance with a letter issued by the Department of Environment (DoE), we inspect whether the companies have been following guidelines for the protection of the environment when they apply to renew the environmental clearance. If irregularities are found, than the clearance is not renewed. 

On August 24, 2017, the High Court directed the government not to approve any industry within 10km of the Sundarbans, and to submit a list of establishments already built in the area.

The High Court bench of Justice Moyeenul Islam Chowdhury and Justice JBM Hassan passed the order following a writ petition filed by Sheikh Faridul Islam, president of Save the Sundarbans Foundation.

In the petition, Sheikh Faridul Islam said the Ministry of Environment and Forests issued a gazette notification declaring the zone within 10km of the Sundarbans an ECA on August 30, 199. As a result, factories within the area should be relocated.

A National Environment Committee meeting also decided to relax and change some rules and policies to allow factories that could be potentially risky for the environment, the petition added.

Earlier, in a meeting of the National Environment Committee, it was decided that the ministry would approve all factories currently operating in the ECA.

Currently, the Bangladesh Environment Conservation (amendment) Act, 2010 prohibits any factory within the ECA.