HC halts LGED road project through Maheshkhali reserve forest for 2 months
The High Court on Thursday stayed for two months all activities related to the construction of a road through a reserved forest in Maheshkhali upazila of Cox's Bazar and questioned the legality of the project.
The court also issued a rule asking why the road construction without approval from the Ministry of Environment, Forest and Climate Change should not be declared unlawful, without legal authority and contrary to public interest.
The order was passed by a High Court bench comprising Justice Fahmida Quader and Justice Md Asif Hasan after a preliminary hearing of a public interest writ petition filed by the Bangladesh Environmental Lawyers Association (BELA).
The development was disclosed in a BELA press release issued on Thursday.
The writ petition was argued by Advocate Minhajul Haque Chowdhury, assisted by Advocate Rumana Sharmin Shanta, while Attorney General Ruhul Quddus Kazal represented the state.
Speaking to Daily Waadaa, BELA lawyer Advocate Rumana Sharmin Shanta said a narrow earthen path had long existed through the forest and was mainly used by local residents on foot.
"Under the project, that path is being widened and converted into a concrete road. Construction has already begun in parts of the forest, and bricks and other materials have been brought to the site. Once vehicles start using the road, it will damage the forest's biodiversity and lead to tree felling," she said.
According to the court order, all work on the 4.88-kilometre road under the South Chattogram Regional Development Project (SCRDP), being implemented by the Local Government Engineering Department (LGED), must remain suspended for two months. Of the proposed road, about 3.70 kilometres would pass through the reserved forest.
In its rule, the court asked why the decision to construct the road without obtaining mandatory approval from the Ministry of Environment, Forest and Climate Change – and the failure of the relevant authorities to prevent it – should not be declared inconsistent with the Constitution and existing laws.
The court also sought explanations as to why the proposed 3.70-kilometre stretch inside the reserved forest should not be cancelled, why any paved sections already built should not be removed, and why the authorities should not be directed to take necessary conservation measures to protect the forest and its biodiversity.
According to the writ petition, 18,286.40 acres of land in Mouza No. 12 of Maheshkhali were transferred to the Forest Department in 1954 for 100 years and were declared a reserved forest in 1957 under Section 20 of the Forest Act, 1927. The land is recorded in the name of the Forest Department in both the RS and BS records and is recognised as a biodiversity-rich natural forest.
The petition states that the Forest and Tree Conservation Act, 2026, and the Wildlife (Conservation and Security) Act prohibit activities incompatible with the conservation of natural forests. It also refers to Article 18A of the Constitution, which obliges the state to protect the environment and biodiversity.
Despite these legal safeguards, BELA alleged that LGED continued construction inside the reserved forest without obtaining the required approval from the Ministry of Environment, Forest and Climate Change. The organisation also alleged that the project proceeded despite objections from the Forest Department and directives from the ministry, resulting in tree felling and hill cutting, prompting it to file the public interest litigation.
The respondents include the secretaries of the Ministry of Environment, Forest and Climate Change, the Local Government Division, the Ministry of Home Affairs and the Ministry of Land; the director general of the Department of Environment; the chief conservator of forests; the conservator of forests of the Wildlife Management and Nature Conservation Region; the divisional forest officer of the Chattogram Coastal Forest Division; the executive engineer of LGED in Cox's Bazar; and the range officer of the Maheshkhali Range.