Immediately demolish BGMEA building

The Supreme Court (SC) in a full verdict released yesterday ordered BGMEA to immediately demolish at its own cost its 15-storey “BGMEA Complex” constructed illegally on the Begunbari canal and Hatirjheel lake in the heart of the capital.

Otherwise, Rajdhani Unnayan Kartripakkha (Rajuk) will do it within 90 days of receiving the order and realise the cost from Bangladesh Garment Manufacturers and Exporters Association (BGMEA), it said.

Amicus curiae advocate Manzill Murshid told The Daily Star that BGMEA can move a petition in 30 days seeking a review of the judgement.

In their reaction, BGMEA President Siddiqur Rahman said, “We are very much respectful to the verdict of the court. Of course, we will file a review petition...as we have this opportunity.” A four-member Appellate Division bench headed by Chief Justice Surendra Kumar Sinha passed a short verdict on June 2 dismissing a BGMEA appeal and upholding an April 2011 High Court order. 

The others are Justice Syed Mahmud Hossain, Justice Hasan Foez Siddique and Justice Mirza Hussain Haider.

The HC verdict ordered the government to demolish the building within three months, saying it was built on land acquired through forgery and filled with earth illegally.

Later, the Appellate Division stayed the HC judgement following a BGMEA petition.

The SC said although both site and environment clearance certificates were required for the commercial building, the “petitioner failed /did not care to obtain” the latter.

No commercial establishment can be set up without the environment clearance from

 the Department of Environment as stated in Section 12 of the Environment Conservation Act 1995 and Rule 7(4) of the Environment Conservation Rules 1997, it said.

Since the water bodies “never belonged to the petitioner, at any point of time”, the construction violates “Section 5 of the “Joladhar Ain, 2000” as well as Sections “6 Uma” and 12 of the Environment Conservation Act 1995”, it observed.

It said the two natural water bodies, mentioned in Dhaka Metropolitan Development Plan, Vol-II (urban area plan of 1995-2005), drain one-third of Dhaka city's storm and waste water and retain some rainwater for recreational opportunities.

Any commercial building changing the water bodies' nature and character in violation of “Joladhar Ain, 2000” is unlawful and violates Environment Conservation Act 1995, it said. Also, the Export Promotion Bureau has no right to allot the property, it added.

The construction violates “section 3 of the Building Construction Act 1952” other rules under it, reads the verdict.

Moreover, the HC order was “well reasoned and based on proper appreciation of facts and circumstances as well as the law”, it said.