DCC takes up high-rise project ignoring legal obligations
Dhaka City Corporation (DCC) has embarked on a massive commercial move with construction of three commercial/residential high-rise buildings in Gulshan and Banani without building approval and land use clearance from the authorities concerned.
The project includes 14-storey Banani Super Market and Housing Complex at the site of Banani Super Market and the car parking space in its front, and 16-storey City Trade Centre at the site of Gulshan-1 market and the car parking space in its front.
Besides, Gulshan Centre Point --a 26-storey super market and housing complex -- will be built on a 3-bigha plot in Gulshan-2, according to DCC officials concerned.
Though required to obtain building approval and land use clearance from Rajdhani Unnayan Kartripakkha (Rajuk) as per the Building Act of 1952, Town Improvement Act of 1953, Building Rules of 2007 and Bangladesh National Building Code, the DCC has undertaken the project ignoring the legal obligations.
As per these laws, any builders and developers have to comply with certain planning and technical prerequisites before starting the construction work.
DCC has signed contracts with four private commercial builders to develop the three high-rises on shared basis with the deal of transferring proportionate land ownership.
Under the contracts, the builders will get more than 70 percent ownership of the total saleable floor areas.
Architect Mubasshar Hussain, president of the Institute of Architects Bangladesh (IAB), said that in the way of developing the plots with high-rises, the DCC is virtually turning the public properties into private.
“DCC's move to construct these high-rise buildings is not understandable when its performance in providing the basic civic amenities to the city dwellers is poor,” he said.
Mubasshar said there are designated government agencies to take initiatives for residential apartments for the people.
“It is a must to obtain the land use clearance for such massive construction work in the city's planned neighbourhoods as per Dhaka Metropolitan Development Plan (DMDP) and town planning, from Rajuk,” he said.
Architect Khadem Ali, vice-president of the Centre for Urban Studies, said DCC should have consulted with Rajuk at least for land use pattern.
“An open space cannot be turned into a built-up area in such an arbitrary manner. DCC wants to benefit commercially out of this project at the cost of public interest,” he said.
Rajuk handed over the lands in Banani and Gulshan to DCC in 1984-85 only for maintenance as car parking, community centre and open spaces, said sources at Rajuk.
Two strips of land, 44A and 44B, of the plot-44 (Banani Market), are earmarked as car parking spaces in the revised layout plan of Banani Model Town approved in 1993. Plot-64 by the Kemal Ataturk Avenue is earmarked for car parking and a community centre.
The existing market at Gulshan-1 and the vast car parking space in its front are earmarked in the layout of Gulshan Model Town.
But the DCC project is to turn the entire open spaces into covered areas.
Borak Real Estate will build the 14-storey Banani project and Amin Associate Overseas Ltd will implement the Gulshan-1 project.
Bashundhara City Development Ltd and United City Twin Tower Development Ltd will jointly build the 26-storey Gulshan-2 project, according to contract documents.
The 20-storey City Trade Centre will be built on a 7-bigha plot demolishing the present two-storey DCC Super Market in Gulshan-1 and existing car parking lot in front of it. There will be a 3-layer underground car park at the site.
Amin Associate Overseas will get 73 percent ownership of the total saleable area.
The 14-storey Banani Super Market and Housing Complex will have a total floor area of 3,60,085 square feet of which saleable area will be 2,53,265 square feet. The builder Borak Real Estate will get 70 percent ownership of the saleable area.
The high-rise will occupy the existing 16-katha open space used as a car park.
The builder will turn the surrounding footpaths into a car parking lot in addition to a one-layer underground parking, said a DCC official.
The 26-storey building in Gulsjhan-2 will have a total of 8,66,691 square feet of floor areas out of which 5,07,333 square feet will be saleable area. The two builders will get 75 percent ownership of the saleable area.
The DCC move to alter type and character of land use is tantamount to violation of the Town Improvement Act 1953, said a Rajuk official.
DCC Chief Engineer Colonel Md Ashfakul Islam said they are not required to obtain building approval and land use clearance from Rajuk as per city corporation ordinance.
“Rajuk is not the coordinator of everything,” he said. “It has no authority over DCC.”
He said DCC at a meeting on April 7 decided to obtain height-related clearance from the civil aviation authorities for the proposed 20-storey building in Gulshan-1.
Khairul Baker, executive engineer (market) of DCC, said DCC has undertaken the project in the light of the SRO of LGRD ministry that allows it to undertake such project.
Regarding approval, he said that it is a normal practice of DCC not to seek permission from Rajuk. “It will create various complications if we apply to Rajuk for approval.”
He noted that the DCC has already formed a committee to get delegation of power from the government to approve its own buildings. DCC would construct the buildings in compliance with the building rules and codes, he said.
Prof Muzaffer Ahmad, a noted environmentalist, said that nowhere in the law DCC is exempted from the obligation of obtaining building approval and land use clearance.
“DCC must comply with the suggestions and decisions being incorporated in the upcoming Detailed Area Plan of Dhaka city,” he said. “Also, it must hold neighbourhood consultation to ascertain impact of the project.”
DCC Mayor Sadeque Hossain Khoka previously said that the practice of not obtaining approval from Rajuk has been for long and that Rajuk has never stopped them.
Contacted, Rajuk Chairman KAM Haroon said they will check the legal status of DCC's high-rise construction project and then take steps.
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