HC orders to evict 43 illegal establishments on Ichamati bank

The High Court on Sunday ordered the eviction of the illegal establishments on the banks of the Ichamati river in four mouzas of Pabna occupied by 43 persons.

The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order dismissing the writ petition seeking rectification of the HC verdict on the river to keep their illegal establishments on the banks of Ichamati.

The court also ordered authorities concerned to lift the stay order on the eviction.

It was stated in detail about the river boundary in the case of four rivers around Dhaka that the river boundary will be determined according to the City Survey (CS) record. And the Appellate Division has also upheld that judgment, said the court.

On the other hand, in the case of Turag river, the Appellate Division directed to conduct a survey according to the river boundaries’ CS records. In this case, there is no chance to amend the judgment of the High Court in the context of this case.

Lawyer Anik R Haque and Lawyer Rawson Alam Khan appeared for the writ petition while Lawyer Manzil Morshed for the state.

Lawyer Manzil Morshed said, “After this verdict, there was no legal impediment to the eviction of illegal establishments of 43 people from Ichamati’s banks.”

In 2020, 43 people filed a writ petition in the High Court challenging the notice of eviction of illegal establishments in four mouzas of Ichamati in Pabna Sadar by the Deputy Commissioner.

Following the preliminary hearing of the writ petition, on February 27 of that year, the court directed the river commission to take legal action and issued a stay order on the eviction proceedings.

After the order, the representatives of the river commission visited the spot and reported to the court. It was stated in the report that the lands occupied by the 43 writ petitioners are on the banks of the Ichamati as per the CS records.

Later, when the court dismissed the writ petition, the 43 writ petitioners filed another writ challenging the report of the river commission. The High Court dismissed that writ petition too.

In 2020, the writ petitioners then appealed for the amendment of the judgment of the Supreme Court regarding the four rivers of Dhaka (Buriganga, Shitalakshya, Turag and Balu) in 2009. The petitioners claimed that they own the land as per RS records.

Source: United News of Bangladesh