On 25th June, 2009, a division bench of the High Court Division passed judgment in a public interest litigation filed to protect the four rivers of Dhaka from illegal encroachments. Human Rights and Peace for Bangladesh filed this petition that was later joined by Bangladesh Environmental Lawyers Association (BELA).

During hearing, the Court heard the deliberations of the four concerned DCs and also representatives of Dhaka City Corporation, Dhaka WASA, Department of Land Records, BIWTA and others. During hearing, the Court was provided with pertinent documents and expert opinions by BELA.

After the hearing, the Court issued the following directions upon the concerned government agencies:

• Identification of boundaries of the four rivers (Balu, Turag, Buriganga, Shitalakhya) to be completed according to C.S maps within next four months (1st July-1st November, 2009)-report on compliance shall be submitted to the court by 15th December, 2009 • Within the next six months the on-site demarcation has to be completed by erection of pillars- all the illegal structures are to be evicted and earth filling to be removed from the rivers- in doing this, no discrimination shall be allowed • Within next one year walkway to be constructed along the riverside, trees to be planted in rows and walls to be constructed, if and when necessary; this shall be done by the Public Works Department, BIWTA, the Dhaka City Corporation and other concerned local government agencies • Till the work of demarcation of the rivers is completed, the Deputy Commissioners of Dhaka, Narayanganj, Munsiganj and Gazipur shall not be transferred • If necessary, the Ministry of Finance shall provide fund for the above activities while the Ministry of Home Affairs shall ensure security of the officials concerned • Costs for eviction of illegal structures and removing unlawfully filled up earth may be recovered from the wrongdoer under the Public Demands Recovery Act • With the demarcation of the rivers, the MoEF shall declare said four river areas as Ecologically Critical Area Under section 5 of the Environment Conservation Act, 1995 • The Ministry of Land shall hand over lands within the port limits to BIWTA within six months.

The Hon’ble Court also observed that considering the sources of the said four rivers and their flow needs, the government should as well initiate activities to protect the rivers Bangshi and Dhaleshwari and also the link canals of Tongi Khal, Pungli Khal and Karnapara Khal. At the same time, the government should form a Committee to draw upon recommendations to protect all navigable rivers of the country.

On behalf of BELA, the petition was moved by advocates S. Rizwana Hasan and M. Iqbal Kabir. On behalf of the original applicant Advocate Manzill Murshid appeared before the Court while Deputy Attorney General Mr. Mostafa Zaman Islam appeared for the government.