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| BGMEA bhaban at HatirJheel, Dhaka |
Chamber Judge of the Appellate Division Justice Syed Mahmud Hossain passed the order after hearing a petition by Bangladesh Garment Manufacturers and Exporters Association.
BGMEA President Shafiul Islam Mohiuddin earlier in the day filed the petition with the apex court, seeking stay on the operation of the verdict.
In a judgement on Sunday, the HC ordered the authorities to demolish the 15-storey BGMEA building on Begunbari-Hatirjheel canal, saying it was built on a land acquired through forgery and earth-filled illegally.
It had also asked the tenants to vacate the building and move their belongings within 90 days from the date of receiving the copy of the verdict.
The BGMEA, owner of the building, did not take approval of the plan and construction from Rajdhani Unnayan Kartripakkha (Rajuk), said the judgement.
Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain had delivered the judgement after hearing a suo moto rule issued by another HC bench on October 3 last year seeking explanation why the building should not be demolished.
The rule was issued following a newspaper report on October 2 that the building was constructed without Rajuk approval.
Foundation of the building was laid by the then prime minister Sheikh Hasina in 1998, and it was opened by the then premier Khaleda Zia in 2006.
The HC in its judgement said a forgery has taken place in respect of handing over possession of the land to the BGMEA, which is a criminal offence.
And it ordered the inspector general of police, commissioner of Dhaka Metropolitan Police and deputy commissioner of Dhaka to investigate the allegations and take necessary steps.
The court said records submitted by the office of the DC of Dhaka proved the land was acquired for the East Bengal Railway in 1910, and it was in the possession of Bangladesh Railway till 2006. The railway authorities handed over the land to Export Promotion Bureau (EPB) in 2006.
Surprisingly, it has been found in the sale deed submitted by the BGMEA to Rajuk that it purchased the land from the EPB in 2001, the HC said, adding it is necessary to investigate how the BGMEA purchased the land in 2001.
The court said the forgery in handing over the land to the BGMEA is tantamount to land grabbing with a gang of frauds involved in the process.
Possession of the land must be reverted to the DC of Dhaka, and the DC will be entitled to use the land for public purposes, it said.
The HC said people who have invested money for purchasing flats and some parts of this building can take legal steps as per the Contract Act and Tort Act for remedy in this regard.
It directed the authorities to restore the water bodies in Begunbari-Hatirjheel area after demolishing the building.
It also asked the Department of Environment to investigate whether the building damaged the water body's environment, and take appropriate legal steps.
The court observed that investors in the building did so knowing fully it was constructed illegally, and they are only to blame themselves.
News Source: The Daily Star, Tue, 05/04/2011
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