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Environment court naps on one case

MORSHED ALI KHAN
The Department of Environment (DoE) has over 1,200 complaints of gross violation of the Environment Conservation Act, while the environment court in Dhaka sits idle with only one case to handle.
The court, established in February 2002, was inactive until February 2003, when a case was filed against an illegal brick kiln in Hemayetpur on the outskirts of the city.
But the case is likely to be settled outside the court as the brick kiln owner has pleaded that the bricks he produces are directly sold to the World Bank-financed Dhaka Urban Transport Project, one of the largest city plans on infrastructure development.
The one-room office of the environment court, located in Old Dhaka, does not have any staff other than a judge. Although the court is
situated on the ground floor, the large signboard outside says it is on the fourth floor.
The DoE has never filed any case with the court although it is legally mandated, said sources in the law ministry.
The DoE officials are not worried about complaints, as section 18 of the Environment Conservation Act, 1995 gives indemnity to them, meaning that under no circumstances the DoE officials can be charged or accused, the sources said.
"The DoE has hundreds of complaints of gross water, air, land and noise pollution, but it has neither tried to resolve any problem nor filed any case with the court," said a ministerial source.
Two environment courts were established in Dhaka and Chittagong in 2002 to defend the Environment Conservation Act.The Chittagong court has so far received three cases.
The environment court is first of its kind in Bangladesh to deal with both criminal and civil cases.
It is also the only court mandated to give compensation to the government or the victim. All cases with the environment court must be disposed of in six months and its rulings can be disputed only at a separate environment appeal court.
Any victim must first inform the DoE director general about the environmental crime. The DoE has the task of either resolving the problem or filing a case against the offender with the environment court. If the DoE fails to solve the problem within a certain period, the victim can file a case.
The DoE carries out investigation into any complaint and takes action, says the DoE director general.
Asked why then cases are not filed, he said he would look into the matter.