The High Court today declared illegal a government decision to set up tourist and picnic spots in 61 acres of land on the bank of Mahananda river in Chapainawabganj.

Delivering the verdict on a writ petition, the court also asked the public administration secretary to take necessary steps against Deputy Commissioner of Chapainawabganj AZM Nurul Haque for allowing the change of nature of the land for establishing the project, subject to an investigation.

The HC, however, said the tourism corporation can establish the tourism and picnic spot by acquiring the khash (government) land near Mahananda river, Advocate Manzill Murshid, lawyer for the Human Rights and Peace for Bangladesh (HRPB), told The Daily Star.

He said DC AZM Nurul Haque allowed the project by Bangladesh Parjatan Corporation (Bangladesh Tourism Corporation) in 2014 in violation of the Water Body Protection Act 2000.

DC Nurul Haque has submitted an affidavit to the HC saying that he permitted the change of the nature of the land as Prime Minister Sheikh Hasina announced establishing the tourism spot in Chapainawabganj.

"We have submitted documents to the High Court and showed that the prime minister made the announcement in 2015. The prime minister did not say that the tourism spot will be established in the land of the river," Advocate Manzill Murshid said, adding that the DC had allowed the change of the land's nature in 2014, a year before the PM had made the announcement.

Deputy Attorney General Wayesh Al Haroni, who represented the state, told The Daily Star that he is yet to receive any instruction from the government for moving any appeal before the Appellate Division of the Supreme Court challenging the HC verdict.   

The HC bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil came up with the verdict today following an application filed last year by Tufani Begum, a resident of Chapainawabganj, in continuation of a 2016 writ petition of the HRPB.

Following the HRPB's writ petition, the HC on February 3 last year declared the Turag a "legal person" and a "living entity" and also directed the authorities concerned to free the river from all kinds of encroachments.

The HC issued a 17-point directive to save the country's rivers and waterbodies from grabbers and pollution.

It also directed the Election Commission to disqualify the people responsible for river grabbing and pollution from running for public office and also said the grabbers and polluters would not be able to get bank loans.

Tufani Begum submitted the application to the HC challenging legality of the DC's decision to change the nature of the land to establish the tourism spot in the land of Mahananda river.

In the application, she said the government decided to build a tourism centre on a 61- acre of land adjacent to Sheikh Hasina Bridge in the river although the HC in its verdict earlier banned encroachment of river and construction of any structure in the river land.

Advocate Fawzia Karim Firoze appeared for Tufani Begum.