Editorial
Letting off a defiant realtor with nominal penalty
A severe blow to enforcement of wetland laws
The virtual waiver of Tk 50 lac fine on a particular developer by the secretary, environment ministry overturning a DOE court's order is arbitrary smacking of favouritsm and indulgence given to illegal acts by realtors. It has symbolic and demonstrative implications on the one hand, and substantive legal ramifications, on the other. Symbolic because this will encourage more real estate business operators to violate environmental laws with an emboldened sense of impunity. Substantively, law enforcement in justified cases of violation is being discouraged.
The fine was reduced to Tk 5 lac only along with ordering the DOE to issue environmental clearance to the offending real estate company expeditiously.
The ministry offered no explanation for the exemption beyond merely saying it was done 'on overall consideration'. This appears unconvincing and untenable given the facts of the situation. The original penalty was imposed based on field investigation by an executive magistrate of the DOE and the findings of AC Land from the district administration, all this in the face of massive representations from the people set to be affected. Fundamentally, what is to be noted is that both RAJUK and the DOE had not given clearance to the landfill project because of its obviously harmful effects on ecology besides displacement of people from the area under focus.
All this leads to three incontrovertible conclusions: first, an environment court order has been violated by the real estate company, with the administration abetting. Secondly the ministry ignored the position taken by multiple government bodies in terms of the illegality of the action of the real estate company. Last but not least, when enforcement of wetland laws, a rarity, was getting underway, it has been stopped on the track and reversed by the ministry setting aside the findings and actions of the authorised agencies within the government.
Given the incongruities, we want an independent inquiry instituted into the episode as a test case followed by a clarification from the ministry of environment on merits of its decision.
For all latest news, follow The Daily Star's Google News channel.
Comments