In a significant development, the High Court issued a stay order on Thursday, putting a hold on all tender proceedings for leasing five Balumahals in Someshwari River, located in Durgapur Upazila of Netrokona.
This stay order will remain in effect until further notice, as declared by the HC-bench led by Justice KM Kamrul Kader and Justice Khizir Hayat Lizu. The decision comes in response to a petition filed by the Bangladesh Environmental Lawyers Association (Bela), urging the court to enforce its previous directives on the matter.
According to Bela’s petition, the Netrokona district administration flouted the “Balumahal and Soil Management Act, 2010” by inviting fresh tenders on January 28 this year for leasing the Balumahals of Someshwari River. The tender submission deadline was on Thursday.
M/S Ruhi Enterprise, owned by Mostak Ahmed Ruhi, and M/S Jihan Enterprise, owned by Jahangir Alam, are the current leaseholders lifting sands from the Balumahals, as mentioned in the petition.
This legal intervention follows a writ petition filed by Bela in July 2015, prompting the High Court to issue a rule questioning the legality of Balumahal leasing. The court also sought explanations from relevant government authorities on why Someshwari River should not be declared an ecologically critical area.
The High Court had additionally directed the local administration to regulate and monitor sand lifting to prevent harm to the river and its ecology, along with assessing the impact of sand lifting on the river.
With these directives still pending implementation, the Netrokona district administration proceeded to float tenders for leasing the Balumahals, leading Bela to submit a recent petition seeking necessary orders. Advocates Syeda Rizwana Hasan and S Hasanul Banna represented the writ petitioner during the hearing. Stay tuned for updates on this environmental legal battle.
