Urban environmental issues
Wednesday, 18 July 2007
FE Report
Official statistics say that Dhaka is city of about 6.9 million in a land area of 590 sq. mile (1528 sq. km). The percentage of urban population in Bangladesh is 20.1 while that of rural 79.9. Due to concentration of development and economic activities in the capital, the rural population, faced with poverty and unemployment, is increasingly moving towards the cities. From that point of view it is felt that the population of Dhaka is much higher than 6.9 million and that it would be no less than 10 million. According to available statistics, 60 per cent of the total city population do not have their own homes and a vast portion of it lives in slums.
Dhaka , a city of millions, is one of the world's top polluted city. The environment of the city is affected by several factors including unplanned development, non-implementation of laws and plans, lack of co-ordination amongst the service-providing agencies, ambiguous institutional arrangements and so on.
In addition to the unplanned concrete growth of the City, its environment is also faced with pollution of various forms. The major environmental problems that are confronting the city-dwellers include pollution of air, noise, water; scarcity of environmental services including garbage disposal, water, drainage, sanitation, health care and recreational facilities etc.
The laws on urban planning and protection address most of the environmental issues. But in reality the laws are hardly implemented or enforced. The long-term practice of not implementing the laws has encouraged certain bad practices that hinder planned urban growth.
Development of township in the metropolitan capital is regulated by the Town Improvement Act (TI Act) of 1953. Under the Act, the Rajdhani Unnayan Kartripakkha (Rajuk) has been empowered to prepare a master plan for the city that should guide all future developments. According to section 73 of the TI Act, Rajuk shall prepare a Master Plan for the area within its jurisdiction indicating the manner in which it purports that land should be used and the stages by which any such development should be carried out.
The government after receiving a Master Plan from the Rajuk shall notify it in the official gazette and shall finalise it only after receiving and considering such objections as may be filed within sixty days of the notification. If layout plans are part of the Master Plan, any change to the same is also expected to undergo the same process.
A change of the Master Plan is possible under section 74 of the TI Act where Rajuk can do so only with the consent of the government. Rajuk itself can only allow change of use of land if someone applies to it (section 75).
Hence, the law on town planning expressly authorises Rajuk to regulate land use in the city that virtually seems non-existent. The TI Act bars any deviation from the Master Plan without prior government approval.
If the Master Plan is to be approved only after due consultation with the people and one of the intention of the Master Plan is to protect and provide open spaces, is there any scope anywhere to change the nature of open spaces and convert them into housing places without any consent of the local people? The answer perhaps is no, but the fact remains that the lakes are being allotted for creation of new plots without any consent of the local people. All the lakes of Dhaka are faced with this problem. It is not a case of individual land grabbers, rather Rajuk is changing the lakes into plots on the plea that the lakes as identified in the layout plans are not actually lakes but low-lying areas. Rajuk also takes the plea that it can anytime change the layout plan, a term that surprisingly has not been defined in the documents of Rajuk. Although it is clear from the definition of the Master Plan that it includes layout plans, this gap has been used by Rajuk on many occasions to justify its wrong-doings.
The following cases are self-explanatory in depicting Rajuk?s move to allot plots on lake areas:
Allotment of Plots on Gulshan Lake: RAJUK created six new plots encroaching upon the Lake and lakeside roads 71, 76, 78, 11, 12 in Gulshan.
When the action of Rajuk was challenged, the High Court directed RAJUK to take measures for suspending all construction and/or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns. The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Layout Plan rendering thereby water bodies of the lake into private properties along with list of names and address of persons in whose favour such allotment have been made and those encroachment upon the lake water and or lakeside.
Again, in a separate case filed by two original allottees, the High Court Division stayed filling up of lake adjacent to Roads No. 118, 121 and 123 of Gulshan.
Allotment of plots on lakesideg greenery of Uttara: The residents of Uttara accused RAJUK of filling up part of the lake in violation of the original Master Plan of Uttara for creating new housing plots. In a case filed on behalf of the residents of Uttara, the Appellate Division has stayed the implementation of Rajuk?s revised layout plan that proposes creation of new plots.
Again in a separate case filed by a resident of Uttara, the High Court declared a revised layout plan of Rajuk as having no legal effect. Rajuk was thereby stopped from changing the nature and character of the lands earmarked in the original Master Plan (possibly meaning layout plan) for community purpose, recreation and other non-residential purposes.
The Master Plan that we have now is the plan prepared under the name of Dhaka Metropolitan Development Plan (DMDP). This plan has two parts? the Dhaka Structure Plan is valid from 1995-2015 whereas the Urban Area Plan is valid from 1995-2005. The latter has divided the area under Rajuk? Jurisdiction in 26 strategic planning zones and has identified the contexts and the main needs of the areas with sets of recommendations. The former identifies the major needs of the city as a whole, both from ecological viewpoint and service delivery.
This Master Plan can effectively regulate unplanned urbanisation. For example, this plan talks about keeping at least eight flood-flow zones undisturbed (Dhaka West, DND Triangle, Eastern Fringe polders, kamrangir Char, Jinjira, Narayanganj West, Dhaka NW, Narayanganj East). Unfortunately this is not happening. We have already identified two flood-flow zones that are being filled up by unscrupulous developers, something that Rajuk has miserably failed to prevent. The following two instances on filling up of flood flow zone are self -explanatory:
Filling up of Ashulia: The Jamuna Builders Ltd. and other developers have been filling up the flood flow zone in Ashulia for housing purposes. Their filling up activities had no approval from the RAJUK. Such filling up of the flood-flow zone and the branches of the Turag River flowing thereon was essentially changing the nature, character and utility of the natural water body and the same was in gross violation of the Master Plan of the city prepared by RAJUK and also the 2000 Act on Open Space Protection. The 2000 Act strictly prohibits activities that would change the nature of the water bodies including flood-flow zones without prior approval from the government. The Master Plan discourages all development in main flood-flow areas to enable free flow of flood water. The only activities allowed therein under the Master Plan are agriculture, dry season recreation and ferry terminals. The violation of the Act of 2000 is punishable with imprisonment of 5 years and fine up to Taka 50 thousand. In defiance of all these legal requirement, the Jamuna Builders Ltd. proposed to develop housing over an area of 2276.19 bigha encroaching upon 5000 acres of flood-flow zone and also the branches of the Turag that the government failed to prevent effectively. Following a writ petition, the filling up of Ashulia is now stayed.
Filling up of Savar flood-flow zone: Rajuk has alleged that the Metro Makers & Developers Ltd. has been offering lands/plots in so-called Modhumoti Model Town near Amin Bazar under Savar Police Station by filling up the Savar flood-flow zone. The vast low-lying area of Savar is recognised as a sub-flood-flow zone in the Master Plan that discourages all development therein to enable free flow of flood water.
While the Metro Makers were advertising for selling of plots, a series of advertisements were given by RAJUK warning the general people not to buy any plot/land in the said township under development on the ground that the same has not been authorised by RAJUK and as such illegal and unauthorised.
Despite such move by Rajuk, earth filling in the said area is progressing much to the derogation of the flood retention pond and exposing the city dwellers to the high risk and danger of the flooding.
Although Rajuk is responsible for planned town development and involve people in such process, Rajuk has on many occasions violated its mandate.
The most recent attempt has perhaps been the move by Rajuk to allot allegedly 1000 more plots in Gulshan and Banani Residential area.
Rajuk can create new plots under section 38 of the TI Act but only in accordance with the procedures laid down in section 39-45. The procedures laid down in these sections require that Rajuk consults the local people before allotting/creating any new plots. The people of Gulshan and Banani, in a letter dated 22 February, 2004 have expressed their utter surprise on Rajuk's move of creating the new plots.
According to them, the attempt of RAJUK to allot new plots in Gulshan without any specification of areas has given rise to serious concerns amongst the existing residents of Gulshan. Noting their past experience, they apprehend that the new plots may be created by RAJUK in the open spaces of Gulshan and Banani. They have termed such a move as unilateral and contrary to the original layout plans that formed part of the agreement signed between RAJUK and the leaseholders.
The residents have requested Rajuk to suspend implementation of the scheme till public notification of the same is given stating clearly the sites and the boundary of the area where the new plots will be created and opinions/objections of the local people to the same are considered.
Official statistics say that Dhaka is city of about 6.9 million in a land area of 590 sq. mile (1528 sq. km). The percentage of urban population in Bangladesh is 20.1 while that of rural 79.9. Due to concentration of development and economic activities in the capital, the rural population, faced with poverty and unemployment, is increasingly moving towards the cities. From that point of view it is felt that the population of Dhaka is much higher than 6.9 million and that it would be no less than 10 million. According to available statistics, 60 per cent of the total city population do not have their own homes and a vast portion of it lives in slums.
Dhaka , a city of millions, is one of the world's top polluted city. The environment of the city is affected by several factors including unplanned development, non-implementation of laws and plans, lack of co-ordination amongst the service-providing agencies, ambiguous institutional arrangements and so on.
In addition to the unplanned concrete growth of the City, its environment is also faced with pollution of various forms. The major environmental problems that are confronting the city-dwellers include pollution of air, noise, water; scarcity of environmental services including garbage disposal, water, drainage, sanitation, health care and recreational facilities etc.
The laws on urban planning and protection address most of the environmental issues. But in reality the laws are hardly implemented or enforced. The long-term practice of not implementing the laws has encouraged certain bad practices that hinder planned urban growth.
Development of township in the metropolitan capital is regulated by the Town Improvement Act (TI Act) of 1953. Under the Act, the Rajdhani Unnayan Kartripakkha (Rajuk) has been empowered to prepare a master plan for the city that should guide all future developments. According to section 73 of the TI Act, Rajuk shall prepare a Master Plan for the area within its jurisdiction indicating the manner in which it purports that land should be used and the stages by which any such development should be carried out.
The government after receiving a Master Plan from the Rajuk shall notify it in the official gazette and shall finalise it only after receiving and considering such objections as may be filed within sixty days of the notification. If layout plans are part of the Master Plan, any change to the same is also expected to undergo the same process.
A change of the Master Plan is possible under section 74 of the TI Act where Rajuk can do so only with the consent of the government. Rajuk itself can only allow change of use of land if someone applies to it (section 75).
Hence, the law on town planning expressly authorises Rajuk to regulate land use in the city that virtually seems non-existent. The TI Act bars any deviation from the Master Plan without prior government approval.
If the Master Plan is to be approved only after due consultation with the people and one of the intention of the Master Plan is to protect and provide open spaces, is there any scope anywhere to change the nature of open spaces and convert them into housing places without any consent of the local people? The answer perhaps is no, but the fact remains that the lakes are being allotted for creation of new plots without any consent of the local people. All the lakes of Dhaka are faced with this problem. It is not a case of individual land grabbers, rather Rajuk is changing the lakes into plots on the plea that the lakes as identified in the layout plans are not actually lakes but low-lying areas. Rajuk also takes the plea that it can anytime change the layout plan, a term that surprisingly has not been defined in the documents of Rajuk. Although it is clear from the definition of the Master Plan that it includes layout plans, this gap has been used by Rajuk on many occasions to justify its wrong-doings.
The following cases are self-explanatory in depicting Rajuk?s move to allot plots on lake areas:
Allotment of Plots on Gulshan Lake: RAJUK created six new plots encroaching upon the Lake and lakeside roads 71, 76, 78, 11, 12 in Gulshan.
When the action of Rajuk was challenged, the High Court directed RAJUK to take measures for suspending all construction and/or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns. The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Layout Plan rendering thereby water bodies of the lake into private properties along with list of names and address of persons in whose favour such allotment have been made and those encroachment upon the lake water and or lakeside.
Again, in a separate case filed by two original allottees, the High Court Division stayed filling up of lake adjacent to Roads No. 118, 121 and 123 of Gulshan.
Allotment of plots on lakesideg greenery of Uttara: The residents of Uttara accused RAJUK of filling up part of the lake in violation of the original Master Plan of Uttara for creating new housing plots. In a case filed on behalf of the residents of Uttara, the Appellate Division has stayed the implementation of Rajuk?s revised layout plan that proposes creation of new plots.
Again in a separate case filed by a resident of Uttara, the High Court declared a revised layout plan of Rajuk as having no legal effect. Rajuk was thereby stopped from changing the nature and character of the lands earmarked in the original Master Plan (possibly meaning layout plan) for community purpose, recreation and other non-residential purposes.
The Master Plan that we have now is the plan prepared under the name of Dhaka Metropolitan Development Plan (DMDP). This plan has two parts? the Dhaka Structure Plan is valid from 1995-2015 whereas the Urban Area Plan is valid from 1995-2005. The latter has divided the area under Rajuk? Jurisdiction in 26 strategic planning zones and has identified the contexts and the main needs of the areas with sets of recommendations. The former identifies the major needs of the city as a whole, both from ecological viewpoint and service delivery.
This Master Plan can effectively regulate unplanned urbanisation. For example, this plan talks about keeping at least eight flood-flow zones undisturbed (Dhaka West, DND Triangle, Eastern Fringe polders, kamrangir Char, Jinjira, Narayanganj West, Dhaka NW, Narayanganj East). Unfortunately this is not happening. We have already identified two flood-flow zones that are being filled up by unscrupulous developers, something that Rajuk has miserably failed to prevent. The following two instances on filling up of flood flow zone are self -explanatory:
Filling up of Ashulia: The Jamuna Builders Ltd. and other developers have been filling up the flood flow zone in Ashulia for housing purposes. Their filling up activities had no approval from the RAJUK. Such filling up of the flood-flow zone and the branches of the Turag River flowing thereon was essentially changing the nature, character and utility of the natural water body and the same was in gross violation of the Master Plan of the city prepared by RAJUK and also the 2000 Act on Open Space Protection. The 2000 Act strictly prohibits activities that would change the nature of the water bodies including flood-flow zones without prior approval from the government. The Master Plan discourages all development in main flood-flow areas to enable free flow of flood water. The only activities allowed therein under the Master Plan are agriculture, dry season recreation and ferry terminals. The violation of the Act of 2000 is punishable with imprisonment of 5 years and fine up to Taka 50 thousand. In defiance of all these legal requirement, the Jamuna Builders Ltd. proposed to develop housing over an area of 2276.19 bigha encroaching upon 5000 acres of flood-flow zone and also the branches of the Turag that the government failed to prevent effectively. Following a writ petition, the filling up of Ashulia is now stayed.
Filling up of Savar flood-flow zone: Rajuk has alleged that the Metro Makers & Developers Ltd. has been offering lands/plots in so-called Modhumoti Model Town near Amin Bazar under Savar Police Station by filling up the Savar flood-flow zone. The vast low-lying area of Savar is recognised as a sub-flood-flow zone in the Master Plan that discourages all development therein to enable free flow of flood water.
While the Metro Makers were advertising for selling of plots, a series of advertisements were given by RAJUK warning the general people not to buy any plot/land in the said township under development on the ground that the same has not been authorised by RAJUK and as such illegal and unauthorised.
Despite such move by Rajuk, earth filling in the said area is progressing much to the derogation of the flood retention pond and exposing the city dwellers to the high risk and danger of the flooding.
Although Rajuk is responsible for planned town development and involve people in such process, Rajuk has on many occasions violated its mandate.
The most recent attempt has perhaps been the move by Rajuk to allot allegedly 1000 more plots in Gulshan and Banani Residential area.
Rajuk can create new plots under section 38 of the TI Act but only in accordance with the procedures laid down in section 39-45. The procedures laid down in these sections require that Rajuk consults the local people before allotting/creating any new plots. The people of Gulshan and Banani, in a letter dated 22 February, 2004 have expressed their utter surprise on Rajuk's move of creating the new plots.
According to them, the attempt of RAJUK to allot new plots in Gulshan without any specification of areas has given rise to serious concerns amongst the existing residents of Gulshan. Noting their past experience, they apprehend that the new plots may be created by RAJUK in the open spaces of Gulshan and Banani. They have termed such a move as unilateral and contrary to the original layout plans that formed part of the agreement signed between RAJUK and the leaseholders.
The residents have requested Rajuk to suspend implementation of the scheme till public notification of the same is given stating clearly the sites and the boundary of the area where the new plots will be created and opinions/objections of the local people to the same are considered.