The High Court in its full verdict, which was released on Tuesday, declared the Bangladesh Garments Manufacturers and Exporters Association (BGMEA) building illegal and asked the government to demolish it within 90 days.
The court directed the authorities to use the land for public welfare.
The HC in its verdict said if this harmful building is not dismantled immediately it would destroy not only the beauty of Hatirjheel project but also the entire city.
The court also directed the BGMEA to return the money in one year’s time to those who bought flats or portion of the building after their contracts with the buyers were illegal.
The court in its verdict said the BGMEA did not possess any authority to construct or sell part of it to others.
In view of the court, the buyers cannot claim any interest as they knew it before or should have known that BGMEA had no authority over the land and the building was constructed illegally.
On April 3 in 2011, a bench comprising Justice AHM Shamsuddin Chowdhury and Justice Sheikh M Jakir Hossain declared the BGMEA building illegal.
However, immediately after the verdict the Appellate Division stayed the HC verdict for six months on April 5 on an appeal filed by the BGMEA authorities.
Later, the Appellate Division extended the stay order several times. That order remained in force in the absence of a full verdict.
The then Prime Minister Sheikh Hasina on November 28 in 1998 laid the foundation stone of the building at Hatirjheel-Begunbari canal beside Karwanbazar in the capital.
The then Prime Minister Khaleda Zia inaugurated the building on October 8 in 2006.
Since then, it has been housing the headquarters of the BGMEA.
A report was published in a national daily on October 2 in 2010focusing on construction of the building without the permission of the Rajdhani Unnayan Kartipakkha (Rajuk).
DHM Monir Uddin, a lawyer of the Supreme Court, produced the report before the court. The next day, October 3, the HC issued a suo moto rule asking to explain reasons as to why the order would not be given to dismantle the BGMEA building.
After hearing all sides, the verdict was delivered.
In its full verdict, the court further said Export Promotion Bureau (EPB) had given the land illegally through a written unregistered document to BGMEA in 2001.
The HC said the BGMEA has failed to become the owner of the land as the EPB, which gave BGMEA the land violating the government acquisition rule in 1998, became the owner of the land only in 2006 that was earlier acquired for Railway in 1960.
Source: UNB Connect
As usual anything goes in Bangladesh. BGMEA took this state owned land illegally. The high court is correct. Hope no one gets away with this corruption by saying this has to do with the garment workers. This is the work of the corrupt system. Our unions and trade associations are also complicit with corruption.
The court directed the authorities to use the land for public welfare.
The HC in its verdict said if this harmful building is not dismantled immediately it would destroy not only the beauty of Hatirjheel project but also the entire city.
The above verdict appears to me correct and is well come. I have one point in my mind and that is to examine the possibility of applying the advanced science and technology for improving the environment -friendly beauty of the part of hatirjheel with the BGMEA building. The builing is a costly building may be confiscated to the Govt. and be retained for public purpose. If it is found cost effective and is accepted and done, it will be a compromise between the economy and ecology and in no way compromises with the corruption. .
I agree with Mr. Jalil 100 percent. No need to break it. Make it the environmental secretariat.