Bangladesh Environmental Lawyers Association vs. Bangladesh and Others (Writ of Petition 1683 of 2014)

A writ petition filed by the Bangladesh Environmental Lawyers Association (BELA) challenged construction activities of Unique Property Development Ltd. (UPDL) near the bank of the Meghna River, which involved dumping sand and occupying agricultural lands, lowlands and wetlands. The court initially banned the earth-filling project. However, prior to full implementation of the court order, UPDL formed an economic zone. It then sought to annul the previous order, claiming that the government had granted permission to fill the land through the Bangladesh Economic Zone Authority. 

The Supreme Court ruled that the activities are illegal. The court directed, among others, that:

• Respondent government officers and agencies promptly take action to promulgate laws and national policy in compliance with the Ramsar Convention
• All wetlands are to be considered public trust property and national property
• Establish a Ministry of Wetlands for the protection, development and management of all wetlands and promulgate a Wetlands Protection, Development and Management Act
• Restoration and restitution of lands occupied by UPDL within six months
• Require applicants seeking to establish an Economic Zone to secure a No Objection document from the Department of Environment
• Map and gather information on wetlands which shall be accessible to any citizen
• Direct schools and local bodies to educate the public on the importance of wetlands

The court also strongly urged immediate action on certain environmental matters, including use of renewable energy, establishment of bicycle lanes and walkways and the inclusion of Ecocide in the International Crime Act.