Legal notice to 13 govt officials over Cox’s Bazar sand quarries

A legal notice has been issued to 13 government officials, including two secretaries, urging them to halt the lease of five sand quarries near the protected forest in Cox's Bazar.

The notice was sent yesterday through registered mail on behalf of the Bangladesh Environmental Lawyers Association (BELA) and Youth Environment Society (YES).

The notice, drafted by BELA's lawyer Jakia Sultana, requests the recipients to inform the concerned lawyer about the actions in response within a week. Failure to comply may result in legal action.

The notice calls for the cancellation of leases for the Khutakhali-1 sand quarry in Chakaria upazila, the Dhalirchhara and Panirchhara quarries in Ramu upazila, and the Palongkhali and Hijlia quarries in Ukhiya upazila.

It also demands the suspension of any leasing notices until these quarries are officially removed from the list of leasable sand quarries. Additionally, the notice calls for the proper demarcation of the Khutakhali canal's boundaries and protection measures.

The notice has been sent to several officials, including the Secretary of the Ministry of Land, Secretary of the Ministry of Environment, Forest, and Climate Change, Chief Conservator of Forests, Director General of the Department of Environment, Divisional Commissioner of Chattogram, Deputy Commissioner and Superintendent of Police of Cox's Bazar, Conservator of Forests of Chattogram Region, Divisional Forest Officers of Cox's Bazar North and South Forest Divisions, and Upazila Nirbahi Officers of Chakaria, Ramu, and Ukhiya.

This was also confirmed by Supreme Court lawyer for BELA, S Hasanul Banna, and Chief Executive Officer of YES, Ibrahim Khalil.

According to the notice, the Cox's Bazar deputy commissioner had prepared a list of 27 leaseable sand quarries in the Bangla year 1432 and issued a notice on March 11. Among these, Khutakhali-1 in Chakaria, Dhalirchhara and Panirchhara in Ramu, and Palongkhali and Hijlia in Ukhiya are included.

Khutakhali-1, primarily a canal locally known as Khutakhali Canal, is located beside a protected forest that serves as a habitat for endangered Asian elephants. The forest is also home to various wildlife, including monkeys, langurs, jungle fowl, wild boars, porcupines, deer, foxes, and wildcats. Leasing this sand quarry previously caused severe landslides, damaging the protected forest and plantations, and altering the canal's course. Due to these impacts, the quarry was not leased in the Bangla years 1429, 1430, and 1431.

The other mentioned quarries are located within 100 feet of forest land, and the forest department has already requested the deputy commissioner to refrain from leasing them, fearing damage to the forest, wildlife, and biodiversity.

The notice further highlights that, under existing laws, sand extraction is completely prohibited within one kilometre of significant structures or residential areas. The designation and announcement of sand quarries require a comprehensive report, including a trace map and schedule, prepared by the local revenue officer. Authorities must assess whether sand extraction could lead to landslides or alter the course of a canal. If sand extraction threatens the environment, ecosystem, or biodiversity, the law allows for the cancellation of the quarry's designation.

The notice points out that the negative impacts of sand extraction have already caused environmental degradation in various areas, and it is the duty of the notified officials to ensure compliance with legal provisions before approving leases -- something they have failed to do.