SC declares illegal Ashiyan City housing project

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Court Correspondent :
The Appellate Division of the Supreme Court on Monday declared illegal the Ashiyan City housing project over 43 acres of low-lying land in the city’s Dakhshin Khan area.
A three-member bench of the Appellate Division led by Chief Justice Surendra Kumar Sinha passed the order allowing leave-to-appeal, filed against the review order of the High Court.
The apex court also asked to file a regular petition against the review order within four weeks.
Advocate Kamrul Haque Siddique stood for Ashiyan City, Dr Kamal Hossain, Barrister Fida M Kamal and Syeda Rizwana Hasan for the petitioners while Attorney General Mahabubey Alam represented the state.
Rizwana said that following yesterday’s order, the earlier order of High Court that declared the Ashiyan City housing project as illegal, will be upheld.
On January 16, 2014, the High Court bench of Justice Syed AB Mahmudul Huq, Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain declared the project illegal by a majority decision.
Later, on August 17 last year, revising its earlier decision, the High Court declared the Ashiyan City housing legal.
Later, eight human rights and environmental organizations — Ain O Salish Kendra, Association for Land Reforms and Development, Bangladesh Environmental Lawyers’ Association (BELA), Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Nijera Kori, and Paribesh Bachao Andolon — filed the leave-to-appeal on July 27 this year.
The eight organizations filed the writ petition with the High Court on December 22, 2012 challenging the legality of Rajuk’s approval and clearance certificate given by the Directorate of Environment (DoE).
A High Court bench on January 2, 2013, stayed all activities, including land filling, publication of advertisement and selling of plots, after hearing the petition.
The court also stayed Rajuk’s approval of Ashiyan City project’s land development, the clearance certificate issued by the DoE and an order of the ministry reducing a fine of Tk.50 lakh to 5 lakh imposed on Ashiyan City project by the DoE for filling a wetland.

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