High Court Directs Divisional Commissioners to Shut Down Illegal Brick Kilns Across Country

The High Court has directed the Director General of the Department of Environment and all divisional commissioners to take necessary steps to shut down and remove all illegally operated brick kilns across the country. It has also ordered them to submit reports on the measures taken by December 14. However, the court has directed the authorities not to harass owners of legally operated brick kilns.

A High Court Division bench comprising Justice JBM Hasan and Justice Aziz Ahmed Bhuiyan passed the order on Thursday (November 12), following a hearing on an application filed by the human rights and environmental organisation Human Rights and Peace for Bangladesh (HRPB).

According to the case details, the High Court issued a rule on November 13, 2022, in response to a public interest litigation filed by HRPB seeking the removal of brick kilns established without licences in different parts of the country. At the same time, the court directed the authorities to take action against illegal brick kilns. Subsequently, through orders issued on March 4 and November 28, 2024, and February 25, 2025, the court instructed the authorities to complete the removal process and submit reports.

At one stage, the Brick Kiln Owners’ Association filed an application seeking modification of the court’s order. Later, following a request to exclude brick kilns operating under the zigzag method from the scope of the order, a High Court Division bench led by Justice Farah Mahbub modified the order. However, the previous directive to remove illegal brick kilns remained in force.

Subsequently, owners of several brick kilns filed multiple appeals against the order, seeking a stay. However, they failed to obtain any stay order from the Chamber Court. Later, the Appellate Division also dismissed the appeals.

Recently, HRPB filed a fresh application after receiving information that owners of various illegal brick kilns were attempting to resume operations. In the application, the organisation sought an order directing the authorities to submit progress reports on the implementation of the court’s previous directives regarding the removal of illegal brick kilns.

During the hearing, senior advocate Monzil Morshed, appearing for HRPB, said the court had issued several directives since 2022 for their implementation and submission of reports. However, the reports submitted to the court mentioned only partial measures. At one stage, the court had even directed all divisional commissioners to appear before it in person.

He said that as the brick kiln season had begun, court directives were necessary to prevent illegal brick kilns from resuming operations.

Munthasir Uddin Ahmed, counsel for the Department of Environment, said the department had submitted affidavits several times in connection with the case. However, district administrations did not always provide the necessary logistical support for carrying out operations at the district level. He requested the court to ensure cooperation from deputy commissioners in implementing its directives.

On the other hand, Advocate Mohammad Ali, secretary of the Supreme Court Bar Association and counsel for the Brick Kiln Owners’ Association, said brick kilns established under the zigzag method were operating in compliance with the law. However, their owners were often not being granted licences. The association had also filed a separate writ petition seeking directions for the issuance of licences. He requested the court not to issue any order in response to the current application until the separate case was heard.

He further claimed that brick kilns operating under the zigzag method were not causing environmental damage. According to a government decision, the relevant authorities were supposed to investigate the matter.

Advocates Md Sarwar Ahad Chowdhury, Sanjay Mondal and Nasrin Sultana were also present for HRPB during the hearing. Advocate Mohammad Ali represented the Brick Kiln Owners’ Association, while Munthasir Uddin Ahmed appeared for the Department of Environment.