As per rules, any one aggrieved by an action of Rajuk's building construction (BC) committee is supposed to go to the appellate authority within 30 days.

The plot owner in this case first filed a writ petition in the High Court and after three and a half months he approached the appellate authority of Rajuk (Rajdhani Unnayan Kartripakkha) which entertained the appeal.

The BC committee-2 approved the plan on February 2, 2006 for construction of a 15-storey commercial and residential building by Prasad Nirman Ltd. But it cancelled the plan on March 15 on the allegation that the builders "suppressed facts and made false declaration in the proposed construction plan."

Rajuk chairman KAM Harun, as convenor of the appellate committee, held the appeal hearing on July 3 in which representative of Department of Architecture was absent.

"As per rule, an appeal long after stipulated time is not tenable at the appellate committee and the authority has no scope to consider such approach," said ASM Ismail, deputy chief architect of the Department of Architecture.

But acting chairman of Rajuk Nasir Uddin said it all depends on the discretion of the Rajuk chairman to decide whether an appeal is tenable or not. "May be the chairman was not aware of the deviations on part of the builder," he said.

Some sources at Rajuk said the appeal was entertained under high-level pressure.

When asked, Public Works Minister Mirza Abbas brushed aside the allegation of pressure from top authorities. "I'm not aware of the case but I will look into it," he said.

"Initially, we did not go to the appellate authority apprehending that we might not get justice," said Abu Yusuf Md Abdullah, the chairman of Prasaad Nirman.

"I met the works minister and convinced him that I have fallen victim to the unjust action of Rajuk, Abdullah said. "Having heard the matter in detail, he asked the works secretary and Rajuk chairman to settle the matter so that justice is done."

Meanwhile, Rajuk Executive Engineer Uzzal Mallik filed a general diary against Prasad Nirman on July 5 complaining that safety of a Rajuk officers' quarters, Banani Nibash, is at risk as the developer has not taken adequate site protection measures.

"A crack has developed on the boundary wall of Rajuk quarters because of deeply-dug foundation work," said Mallik. "It may endanger the foundation of officers' quarters."

Asked, the Prasad Nirman chairman said, "We have taken adequate protection measure."

A builder cannot build a 15-storey building going beyond the six-storey ceiling in Gulshan and Banani area, Uzzal Mallik said.

"We have formally written to the works secretary and Rajuk chairman complaining various irregularities in converting the plot into a commercial high-rise establishment," said one of 20 Rajuk officers residing at the Banani Nibash.

In 1971, the then Dacca Improvement Trust (DIT) leased out the said plot no-6 in Block-C, Kemal Ataturk Avenue to one Ahmad Faizur Rahman to set up a petrol pump.

Rahman recently awarded a contract to private builder Prasad Nirman Limited to build the high-rise commercial building on the plot.

A top Rajuk official seeking anonymity said a section of corrupt officials have facilitated approval for the construction of a high-rise building although the area is earmarked as an ancillary service zone.