"DCC does not have the legal right over the land because they did not receive it from PWD [Public Works Department] formally," said Moniruzzaman, executive officer of PWD Division 1, adding, DCC cannot hand over the park to any organisation unless it has the legal authority to do so.

A top DCC official requesting anonymity echoed the PWD officer's comment and said PWD, the official custodian of the park, did not it hand over to the DCC yet.

"It is a big question now under what authority DCC prepared the formal agreement and handed over the park to Dhaka Bank," he added.

Kamruzzaman Chowdhury, chief estate officer of DCC, said the park is not listed in the records of estate department, "but I have to find out if there's any record [of it]."

After the DCC took possession of the site, PWD in February sent a notice to DCC and asked it to explain why DCC should be able to claim ownership of the land and start beautification programme on the land.

"DCC authorities haven't responded to the query yet," said Moniruzzaman, executive officer of Division 1 at PWD.

PWD is going to serve a second and final notice to DCC in a day or two asking it to explain its position, he added. "If the DCC does not have document of possession [of the land], we will seek permission from the higher authorities to remove whatever that have been set up at the site [by DCC]."

Almost a year ago, Beautification Cell of DCC dubiously handed over the park -- in the heart of Motijheel commercial district and next to Biman's local office -- to Dhaka Bank.

On September 13, 2006, Saifuddin Ahmed, chief executive officer of DCC and convenor of the Beautification Cell, and Sohel Faruquee, the then chief conservancy officer of DCC and member secretary of the Cell, approved a 'beautification design' with no provision for trees on the land.

The present chief conservancy officer of DCC, Commander Maqsudur Rahman Chowdhury, said there is no provision to keep trees in the park site as per the DCC-approved 'beautification design'.

"It is difficult for me to answer how DCC handed over the park to an organisation without authority, as it is a matter of the past and I have taken over this position [as chief conservancy officer] just recently," said Chowdhury.

Interestingly, director (admin) of Biman (Bangladesh Airlines) SM Mosaddeque Hossain said Biman had been maintaining the park and its greenery for more than 30 years.

"Biman had taken over the park over 30 years ago for maintenance," said Hossain, "I was directly involved with planting the trees that have recently been cut down."

According to Moniruzzaman of PWD, the Ershad regime had issued an order stating that all car parking spaces under PWD would be handed over to DCC for maintenance. Chief engineer of PWD later issued a letter saying that DCC would have to take over the car parking spaces from PWD officially.

Recently, Dhaka Bank Limited and Biman have jointly embarked on a 'beautification' project on the site. Under the project, concrete structures and advertisement sings are being built there.

Concerned citizens smell shady deals to gobble up the invaluable prime land in the commercial district.