A HC division bench comprising Justice MA Matin and Justice M Rezaul Haque issued an interim injunction. It also asked the government and other authorities concerned to explain why the decision to construct the jetty for commercial purposes in the ecologically critical area (ECA) should not be considered unlawful.

The injunction and the rule came upon a public interest litigation (PIL) writ filed by the Bangladesh Environment Lawyers' Association (Bela) challenging the validity of the move by the Sea Beach Management Committee (SBMC) disparaging the Environment Conservation Act and rules.

On November 13, the SBMC approved a plan to construct a jetty in the ECA of the world's longest sea beach to introduce tourist facilities like water sports, cruises and floating restaurants and aids for rescue and security operations.

Moving for the PIL writ, Advocate Ozair Faruq said the SBMC has not authorised introduction of commercial activities in the sea beach as such activities are prohibited in the earmarked ECA. "So the authorities' decision is liable to be declared unlawful and construction of the jetty is liable to be directed to be dismantled," he said.

He said the actual intention behind the construction of the jetty is hidden and it is against public interest. The repeated attempts to construct the jetty clearly indicate the respondents are not sensitive about the protection of the fragile ecology of the beach. They are reluctant to protect the beach from indiscriminate commercial activities and exploitation, he submitted.

The construction of the jetty started at the Diabetic Hospital point of the Cox's Bazar coast amid protests from the locals, professional groups, NGOs and other civil society members. Locals undertook various programmes including human chain, token hunger strike, sit-in and memorandum submission to the authorities concerned to express their dismay over the construction move.

On November 24, State Minister for Communications Salahuddin Ahmed inaugurated the construction work of the jetty.