The High Court yesterday ordered the government to produce information in a month on what measures have been taken to control pollution at the industrial units and factories since the HC delivered a judgment on the matter in 2001.
The HC bench of Justice ABM Khairul Haque and Justice Md Mamtazuddin Ahmed in a suo moto order directed the secretaries to the ministries of environment and industries and the director general (DG) of the Department of Environment (DoE) to submit the information.
The court also fixed July 1 for further decision on the issue. The order will be urgently sent by special messengers to the respondents.
Meanwhile, a contempt of court petition was filed yesterday with the HC against the industries secretary and the DG of DoE for not taking effective steps to prevent pollution in the industrial areas.
Advocate Manzill Murshid, a lawyer of the Supreme Court, filed the contempt petition as public interest litigation in the wake of a series of reports published in The Daily Star stating that the Buriganga waters have been seriously polluted as the industries ministry and the DoE have not taken any measures.
Murshid told The Daily Star he filed the petition since the respondents did not take legal steps in preventing pollution following the HC judgment.
Hearing of the petition might be held at the HC today, he added.
Upon a writ petition filed by Bangladesh Environmental Lawyers Association (Bela), the HC division bench of Justice Md Joynul Abedin and Justice ABM Khairul Haque on July 15, 2001 delivered a judgment with some directives for controlling industrial pollution.
In that judgment, an HC bench ordered the DG to ensure compliance with the environment conservation rules at the industrial units and factories under “Red” [highest polluter] category within one year and report compliance to the court within six weeks thereafter.
The bench also ordered the DG to ensure adequate and sufficient measures to control pollution at the industrial units and factories under categories of “Orange Ka and Kha” within two years.
The court in 2001 also ordered the industries secretary to ensure that no new industrial units and factories be set up in Bangladesh without arranging adequate measures to control pollution as required by the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997.
Bela lawyer advocate Iqbal Kabir said yesterday’s HC bench observed that records don’t suggest the DG reported in compliance with the court.
The DoE conducted a survey and identified 903 industries and factories as polluters and published the list in a gazette notification on August 7,, 1986. The number increased to 1,176 in another DoE survey in 1995.
Bela sought implementation of the gazette notification of the polluting industries to reduce industrial pollution, said Kabir.
“Records show the DG has not yet submitted the report to the court,” he said. “Nor has the industries secretary ensured compliance with the environment law for new industries and factories in many cases since the court’s direction.”
The list of 903 polluting industries included 176 tanneries, five paper and pulp industries, 16 sugar mills, three distilleries, 57 iron and steel mills, 298 textile industries, five fertiliser industries, 25 insecticide and pesticide industries, 23 chemicals industries, 92 jute industries, three cement factories, 34 rubber and plastic industries and 166 pharmaceuticals.
Most of the industrial units are rated under “Red” category in the rules.
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