Supreme Court clears way for demolition of Dhaka high-rise

The appeals bench of the Bangladesh Supreme Court yesterday dismissed a petition seeking review of its judgement that upheld a High Court order for demolishing the BGMEA Complex.A three-member SC bench, headed by Chief Justice S K Sinha, passed the order, clearing the way to demolish the 15-storey building located in the capital Dhaka’s Hatirjheel Lake area.Responding to a petition filed by Bangladesh Garment Manufacturers and Exporters Association (BGMEA), the apex court fixed Thursday for giving its further order over time allocation for bringing down the building.On November 8 last year, the SC released the full text of its verdict in which the apex court upheld the HC judgement that ordered BGMEA to immediately demolish the building at its own cost. “Otherwise, state-run capital development agency Rajuk will bring it down within 90 days of receiving the order and realise the cost from the BGMEA authorities,” added the order.On December 8, the BGMEA authorities filed a petition urging the apex court to review its verdict. On March 2, the apex court adjourned the hearing until March 5.The High Court had earlier ordered the government to demolish the building within three months, saying it was built on land acquired through forgery and filled with earth illegally.The SC said although both site and environment clearance certificates were required for the commercial building, the petitioner (BGMEA) 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 two laws, it observed.It said the two natural water bodies, mentioned in Dhaka Metropolitan Development Plan, (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 the two laws 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, read the verdict.Moreover, the High Court order was “well-reasoned and based on proper appreciation of facts and circumstances as well as the law”, it said.