Project has no necessary clearance: High Court

The High Court observed that Elite City, a private company in Chittagong, has no “necessary clearance certificate” to implement its housing project in Chittagong district's Hathazari upazila.
However, the court said the company could proceed with the project if it obtains the certificate.
The HC bench of Justice Naima Haider and Justice Zafar Ahmed made the observation in an April 29 verdict, the full text of which was released in the last phase of July.
The Daily Star obtained a copy of the verdict.
The bench passed the verdict after disposing of a writ petition filed by Bangladesh Environmental Lawyers Association (Bela) last year challenging the legality of the project's operation, starting around five years back.
In the petition, Bela stated that Elite City has not obtained an environmental clearance certificate from the Department of Environment and permission from Chittagong Development Authority (CDA), which are relevant preconditions for implementing housing projects.
The company had been filling up agricultural land and water bodies, damaging the environment of Madrasha Sree Beel area, Bela claimed.
In its verdict, the HC said CDA did not grant Elite City the permission to use the land for the project, although the land belonged to the company.
On October 14, 2010, CDA rejected an application submitted by Elite City seeking the permission.
Later, the company filed an appeal with the appellate authority of CDA against the rejection order, which is still pending, as per the HC verdict.
Bela's lawyer Iqbal Kabir Lytton told The Daily Star that CDA can not permit Elite City to implement the project considering the land's character and location.
He said Bela would move an appeal before the Supreme Court against the HC verdict for declaring the project illegal.
Elite City Managing Director Md Mamun Chowdhury said his company submitted an appeal to the CDA around 10 months back for the clearance. He hoped that they would get the permission following the HC verdict. The project's activities have been halted following an earlier HC order, he added.