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The government has said that ponds and drains cannot be dug without maintaining a certain distance along rural roads. The local government department has requested to take this measure to avoid damage to the roads. The board also directed the Chief Engineer, the Divisional Commissioner, the District Administration, and the Upazila Nirbahi Officers of the Local Government Engineering Department to take the necessary legal action if a pond, well, soil or irrigation canal were dug in the side of a rural road in violation of current laws / regulations.
According to a directive in this regard, ponds and drains are being dug along the roads built by LGED in different upazilas in Bangladesh. Digging ponds, wells, soil, or irrigation ditches along the edge of the road damages the side slope and the slope of the road eaves. In these cases, activities related to the development of physical infrastructure can be carried out by keeping a minimum distance outside the limits of the road.
The digging of ponds and irrigation canals along rural roads in violation of the rules is a punishable offense under the customary law of the country. If a person builds a pond / canal / well / irrigation canal along the side of the road, he will build a protective shield on his own while maintaining a certain distance.
The directive states that according to Section 3 of the Building Construction Act of 1952, no pond may be dug or re-excavated without prior permission from the appropriate authority.
If someone digs a pond or irrigation canal in such a way that it causes any inconvenient inconvenience in the use or occupation of the land or road or path, the authority must remove it, excavate it or re-excavate it within 15 days in accordance with subsection (3) of section 3 of the Building Construction Act of 1952. May order to close or fill.
If a person violates the provisions of section 3 of the Building Construction Act of 1952 or fails to comply with the order of the authorities under section 3, the court may sentence the offender to prison for a period not exceeding 2 years or a fine or both.
In accordance with Rule 28 of the 1997 Building Construction Rules, ponds or reservoirs must be confined within at least 10 feet of the land itself. In other words, ponds / reservoirs must be dug at a distance of at least 10 feet from the edge of the government highway boundary and at a 45-degree slope.
Damage to government highways is a crime under Section 431 of the Penal Code, 180. The law provides for a prison term of five years or a fine or both.
In accordance with Section 5 of the Land and Buildings (Reclamation of Occupancy) Ordinance 1960 of the government and local authorities, if a pond or pond is dug or re-excavated on illegally occupied land, the Deputy Commissioner may order removal of the canal or pond within 30 days. Considering the importance of the public interest, you can order the removal of the field within 7 days. For such illegal possession, the court can sentence the guilty person to prison or a fine or both.
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