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Dhaka Tribune

High Court stays leasing process of Balumahals in Someshwari river

  • Bela files a writ seeking necessary orders 
  • The stay order will be in force  till further order
Update : 15 Feb 2024, 11:15 PM

The High Court on Thursday stayed all the tender proceedings for leasing out five Balumahals in Someshwari river at Durgapur Upazila of Netrokona.

The stay order will be in force  till further order.

The HC-bench of Justice KM Kamrul Kader and Justice Khizir Hayat Lizu passed the order following a petition filed by the Bangladesh Environmental Lawyers Association (Bela) seeking necessary orders to implement its previous directives on this issue.

According to the petition, Netrokona district administration invited fresh tenders on January 28 this year for leasing out the Balumahals of Someshwari river in violation of the “Balumahal and Soil Management Act, 2010”. 

Thursday was the last date for submitting the tenders.

M/S Ruhi Enterprise owned by Mostak Ahmed Ruhi and M/S Jihan Enterprise owned by Jahangir Alam are currently lifting sands from the Balumahals as the lease holders, Bela said in the petition.

In response to a writ petition filed by the same environmentalist organisation, the High Court in July 2015 issued a rule upon the government asking why the leasing out of Balumahals should not be declared illegal.

In the rule, the court also asked the authorities concerned of the government to explain reasons why they should not be directed to declare Someshwari River an ecologically critical area.

In addition, the High Court directed the local administration to regulate and monitor sand lifting in the leased-out areas so that no damage occurs to the river and its ecology.

The court also directed the local administration to assess the impact of sand lifting on the river.

As the directives are yet to be implemented and the district administration of Netrokona further floated tenders to lease out the Balumahals, Bela submitted the petition recently seeking necessary orders.

Advocate Syeda Rizwana Hasan and Advocate S Hasanul Banna appeared for the writ petitioner during the hearing of the petition.

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