RANGPUR, Feb 10, 2025 (BSS) - The High Court (HC) Division on Monday issued a rule on the defendants, asking them why their failure to protect the traditional Shyamasundari Canal in Rangpur district from pollution and encroachment should not be declared unconstitutional, illegal and unlawful as it is a violation of the constitution and existing law of the land. 
 
Along with issuing the rule, the court has also ordered formulation of an action plan to restore the canal to its previous condition by determining the boundaries according to the main flow of the canal, evicting the encroachers, identifying sources of pollution, controlling pollution and ensuring proper maintenance of the canal and submitting it to the court in the form of a report within the next three months. 
 
In the rule, the court also asked them why an order should not be issued to determine the boundaries of the canal as per the Cadastral Survey (CS) and main flow, to protect the rights of local residents to cultivate and fish and to improve their quality of life and livelihood, to evict the encroachers from the canal and to control pollution and restore the canal to its previous condition and preserve it properly. 
 
This was informed in a press release signed by Advocate S. Hasanul Banna, a lawyer for the Bangladesh Supreme Court and Bangladesh Environmental Lawyers Association (BELA). 
 
The court has directed the Rangpur Deputy Commissioner, Rangpur City Corporation Administrator, Rangpur Water Development Board Executive Engineer and Rangpur Environment Department Director to submit a report regarding the implementation of the court order. 
 
The division bench of the High Court Division comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed the order after the initial hearing of public interest litigation (No. 15571/2024) filed by the Bangladesh Environmental Lawyers Association (BELA). 
 
There is a traditional canal called Shyamasundari Canal that originated from the river Ghaghot in Kellabond Mouza of Rangpur Sadar upazila and has an area of about 16 square kilometers (41.3971 acres). 
 
The canal flows through Raghunath, Bhagi, Radhaballav, Alamnagar, Kamalkachna, Mahiganj of the city, falls into the river Khoksa Ghaghot next to the Mahiganj Railway Bridge and joins the river Ghaghot again. 
 
Various illegal structures including shops, houses and structures have been built by occupying banks of the canal. Due to all these illegal structures, the canal is narrowing gradually and the main flow of water is being obstructed. 
 
Along with the encroachment, this canal is also plagued by pollution. The water of the canal is being polluted by liquid waste, plastic, polythene, sewage, and household waste discharged through drains at different places of the canal. As a result, the canal has lost its natural features and turned into a rotten pond. 
 
Aquatic animals including fish have disappeared and farmers and fishermen dependent on the canal have been forced to change their professions. 
 
BELA filed the aforesaid public interest litigation to protect the Shyamasundari Canal, one of the main means of water drainage in the Rangpur city, from encroachment and pollution. 
 
The defendants in the case are: Secretary of the Ministry of Water Resources, Secretary of the Ministry of Land, Secretary of the Ministry of Environment, Forest and Climate Change, Secretary of the Ministry of Fisheries and Livestock, Chairman of the National River Protection Commission, Director General of the Department of Environment, Director General of the Bangladesh Water Development Board, Deputy Commissioner of Rangpur, Superintendent of Police of Rangpur, Administrator of Rangpur City Corporation, Executive Engineer of Rangpur Water Development Board, Director of Rangpur Department of Environment and Rangpur Sadar Upazila Nirbahi Officer. 

Advocate S. Hasanul Banna stood on behalf of BELA and he was assisted by Advocate Touhidul Alam. Deputy Attorney General Tanim Khan prosecuted the case for the state.