High Court urges swift passage of Agricultural Land Protection Act with Island Development Authority

The High Court has underscored the urgency of enacting the ‍‍`Agricultural Land Protection and Utilization Act, 2016,‍‍` emphasizing its crucial role in safeguarding agricultural land, forests, and hills across Bangladesh. In a recent judgment on the case titled Mizanur Rahman v Government of Bangladesh, the court urged the National Parliament to expedite the passage of this vital legislation.

Justices Md. Ashraful Kamal and Raziq Al Jalil, constituting the High Court bench, delivered the verdict on June 2, 2022. The comprehensive 15-page judgment, released on April 16, is now available on the Supreme Court‍‍`s website.

In its advisory, the court issued two key recommendations to the National Parliament. Firstly, it advised the urgent enactment of the ‍‍`Agricultural Land Protection and Utilization Act, 2016.‍‍` Secondly, the court proposed the swift passage of the "Island Development Act" to establish a dedicated authority named the "Island Development Authority" under the Ministry of Lands, drawing inspiration from similar laws in Japan and Finland.

The case stemmed from a notice served to Mizanur Rahman, a resident of Chakkanu in Manda upazila of Naogaon, by the Manda-Kushumba Union Land Office. The notice, dated January 31, 2019, instructed Rahman to halt the excavation of a pond on his land, citing violations of the Soil and Sand Management Act of 2010 and the absence of official permission. Faced with this situation, Rahman submitted an application to the Naogaon District Commissioner on February 14, 2019, seeking permission for the pond excavation. As the application remained unresolved, he sought redress from the High Court.

Advocate SM Bajlur Rashid represented the writ petitioner during the hearing, while the state was represented by Deputy Attorney General Ashek Momin, Assistant Attorney General Lucky Begum, and Ferdowsi Akhtar.