IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 10437 of 2022

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

- AND-

In the matter of:

A.N.M.Helal Uddin, President, Cox’s Bazar Citizen Forum, Cox’s Bazar.

………..Petitioner. -Versus-

Government of Bangladesh represented by the Secretary, Ministry of Environment and Forest, Bangladesh Secretariat, Ramna, Dhaka and others,

............. Respondents.

Mr. Md. Amir Hossain, Advocate with

Ms. Aziha Akter, Advocate

….For the petitioner. Mr. Bepul Bagmar, DAG with

Mr. Md. Sirajul Alam Bhuiyan, AAG

….For respondent No.2.

Judgment on: 14.03.2024

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J.

In the application under article 102 of the Constitution, on 01.09.2022 the Rule Nisi under adjudication was issued in the following terms:

“ Let a Rule nisi be issued calling upon the respondents to show cause as to why the action of the respondents constructing a Jetty at Royel Tulip Hotel’s Point, Inani, Cox’s Bazar Sadar, Cox’s Bazar Sea Beach (as evidenced from the news reported in the Daily Inquilab on 08.1.2021) (Annexure-A-1) should not be declared to have been done without any lawful authority and is of no legal effect and as to why a direction should not be given upon the respondents to demolish the Jetty immediately and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Facts relevant for disposal of the Rule Nisi, in short, are that Cox’s Bazar Sea Beach is the longest Sea Beach of the World which is one of the significant tourist destinations in Bangladesh. It stretched about 120 Kilometers Sandy Sea Beach with a gentle slope. The Government-respondent No.1 exercising power under section 5 of the Environment Conservation Act, 1995 has declared certain areas including Cox’s Bazar to Teknaf Sea Beach as Ecologically Critical Area (ECA) vide Gazette Notification dated 19.04.1999.As per the said gazette notification any change in the soil and water of the natural characteristics has been prohibited. Without considering the above facts and circumstances, the respondent No.2 undertook the project for construction of gigantic jetty with a depth of 100 feet and concrete casting surface from the Hotel Royal Tulip, Inani, Cox’s Bazar Sea Beach. Due to such construction of jetty, Cox’s Bazar Sea Beach has been divided and lost its fundamental character. The petitioner came to know about the construction of jetty from a report widely published in the Daily Inquilab on 24.10.2021 and 08.11.2021 vide Annexures- A, A-1 and A-2. Thereafter, without making any delay, the petitioner made representation dated 16.11.2021 to the respondent Nos. 4 to 6 stating inter-alia that the constructio