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BELA writ petition :   HC directive for master plan on  eco-tourism in stone quarries in Sylhet, Bandarban

BELA writ petition : HC directive for master plan on eco-tourism in stone quarries in Sylhet, Bandarban

 

Habib Sarowar Azad, Sylhet 


The High Court Division has directed the formulation of a master plan for environmentally friendly sustainable eco-tourism management in seven stone quarries of Sylhet and ten stone quarries of Bandarban.

The stone quarries are: Jaflong, Shah Arefin Tila, Bholaganj, Utmachhara, Sripur, Bichanakandi, Lovachhara of Sylhet district, and ten Jhiris and streams of Bandarban district.

At the same time, the court directed the Divisional Commissioner and Deputy  Commissioner of Sylhet to appear in person before the court and explain their position regarding the extraction, collection, and removal of stones from Sylhet’s stone quarries and other places from August 2024 till date. The court ordered that the above directives be implemented and a report submitted within the next three months.

The order was passed by a bench of the High Court Division comprising Justice Kazi Zinat Hoque and Justice Ainun Nahar Siddiqa after the preliminary hearing of a public interest litigation (PIL No. 13485/2025) filed by the Bangladesh Environmental Lawyers Association (BELA). The case was conducted by Advocate Minhajul Haque Chowdhury on behalf of BELA, assisted by Advocate S. Hasanul Banna. Deputy Attorney General Md. Ershadul Bari Khondker represented the state.

 BELA issued a press release confirming the matter. BELA Sylhet region coordinator Advocate Shah Sadeha Akter also confirmed the High Court’s directive on Sundsy. 

BELA sources said that the failure and inaction of the defendants to stop destructive, harmful, and dangerous extraction, collection, and removal of stones in these areas amounts to a violation of the Constitution, prevailing laws, and judicial decisions of the country. The court issued a Rule Nisi asking why this inaction should not be declared unauthorized, illegal, and against public interest, and why administrative action should not be taken against them.

In the issued Rule, the court also asked why these quarries should not be declared environmentally critical areas, and why directions should not be given to preserve and manage them as environmentally friendly sustainable eco-tourism zones. The court further asked why legal action should not be taken against those involved in unauthorized and illegal extraction, collection, and removal of stones, why the harmful impacts of stone extraction should not be assessed, and why compensation should not be recovered from the actual offenders.

Along with issuing the Rule, the court directed the defendants to take preventive measures so that destructive, harmful, and dangerous stone extraction, collection, and removal no longer takes place in these quarries.

At the same time, the Director General of the Bureau of Mineral Development, the Divisional Commissioner of Sylhet, and the District Commissioners of Sylhet and Bandarban were instructed to formulate a master plan for the development of environmentally sustainable eco-tourism, and to prepare a work plan to implement the decisions taken in the meeting on stone quarry management held on 27 April under the chairmanship of the Advisor to the Ministry of Power, Energy and Mineral Resources, within the next three months.

The court further directed preparation of a comprehensive list of those involved in destructive, harmful, and dangerous stone extraction in the seven stone quarries of Sylhet district and other areas, and submission of a report on the measures taken against the real offenders. The Director General of the Bureau of Mineral Development, the District Commissioner and Superintendent of Police of Sylhet will implement this directive.

The court ordered the Divisional Commissioner and District Commissioner of Sylhet to appear in person and explain their position regarding stone extraction, collection, and removal from Sylhet’s stone quarries and other places from August 2024 till date. It also directed submission of an implementation report within the next three months.

According to BELA’s observations:
In 2013, a total of 51 areas across the country were declared ordinary stone/sand-mixed stone-rich areas through government gazette notification. These quarries are located in Sylhet, Sunamganj, Lalmonirhat, Panchagarh, and Bandarban districts.

Considering the harmful impacts of stone extraction, in 2020, the Energy and Mineral Resources Division decided to stop stone extraction from all quarries in the country. Later, when the decision was cancelled in 2025, destructive extraction, collection, and removal of stones continued indiscriminately from Sylhet’s mentioned quarries and beyond. This was continuously reported in print, electronic, and social media.

Under this situation, on 27 April, a meeting was held under the chairmanship of the Advisor to the Ministry of Power, Energy and Mineral Resources, where the following decisions were taken - Jaflong, case-related Shah Arefin Tila, and ten hill stream/creek quarries in Bandarban district will remain outside the scope of lease due to environmental restrictions, the  leasing activities of Bholaganj and Utmachhara under Companiganj upazila; Sripur under Jaintapur upazila; Bichanakandi under Gowainghat upazila; and Lovachhara under Kanaighat upazila of Sylhet district will remain temporarily suspended, remaining quarries must obtain environmental clearance before lease issuance, regular mobile court operations and legal actions will continue against those involved in illegal/unauthorized stone extraction, collection, and removal. Not only stone workers and transport drivers, but their patrons/main masterminds must also be identified, arrested, and brought under the law.L

Law enforcement check-posts must be set up at different places to stop illegal stone extraction and removal, with emphasis on seizing trucks transporting illegally extracted stones.

Stones illegally/unauthorizedly extracted from quarries must be confiscated and dealt with as per rules. Reports containing the latest data on mobile court/task force operations conducted by the district administration against illegal/unauthorized stone extraction, collection, and removal must be regularly sent to the Energy and Mineral Resources Division.

The district administration must keep a vigilant eye on whether court orders to stop quarry operations are being properly implemented and will prepare a detailed action plan for the development of tourism around Sylhet’s stone quarries.

Since stone extraction, collection, and removal continued in violation of laws, court orders, and important government decisions, BELA filed the said case.

The defendants in the case are Ministry of Land; Ministry of Power, Energy and Mineral Resources (Energy and Mineral Resources Division); Ministry of Environment, Forest and Climate Change; Ministry of Home Affairs (Public Security Division); Ministry of Civil Aviation and Tourism; Ministry of Water Resources; Director General of the Department of Environment and Director of its Sylhet Divisional Office; Director General of Bureau of Mineral Development; Director General of Water Development Board; Divisional Commissioner of Sylhet; and the Deputy  Commissioners and Superintendents of Police of Sylhet and Bandarban districts.

 

 

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