The Appellate Division on Tuesday cleared the way for Barguna deputy commissioner to evict all shops and other structures built encroaching on the banks of Bharani canal running through Barguna and Patuakhali.

A six-member Appellate Division bench chaired by chief justice Syed Mahmud Hossain stayed a part of the High Court order that in January 2019 directed the DC not to evict shops operating under business licences.

There have been 136 structures, mostly shops, built encroaching on the canal banks since 2000, according to the Barguna district administration. The Appellate Division upheld the other part of the High Court order that directed the district administration chief to evict all unauthorised structures on the canal banks.

Tuesday’s order came after the disposing of an appeal filed by the DC challenging the High Court order that asked him not to demolish the shops operating under business licences. On January 7, 2019, the High Court after hearing a writ petition filed by Bangladesh Environmental Lawyers Association directed the DC, the upazila nirbahi officers, and the assistant commissioners (land) of the district to evict all structures.

But the court, later, modified its order, stating that shops operating under business licences would not be evicted.

The court modified the original order responding to a petition filed by two shop owners. The owners told the court that they obtained licences for the construction of the shops from the local administration and the tenures of their licences did not expire.

Lawyer Minhazul Hoq Chowdhury appeared for the environmental lawyers association and additional attorney general SK M Morshed for the DC.