10-month HC breather to businesses

Unauthorised establishment in Gulshan

The High Court (HC) yesterday directed the owners of all business establishments to take approval from the Rajdhani Unnayan Kartripakkha (RAJUK) within 10 months to run their businesses in Gulshan, Banani, Baridhara and Dhanmondi residential areas. 

If any of them failed to do so, RAJUK would be at liberty to take action against them in accordance with the law, the HC verdict said.

The HC bench of Justice Salma Masud Chowdhury and Justice AKM Jahirul Haque delivered the verdict after disposing of 233 writ petitions filed in this regard.

Advocate Ahsanul Karim, counsel of one of the petitioners, told The Independent that the HC had also asked the RAJUK authorities to consider the applications of such business establishments. 

Karim said the HC had allowed business owners 10 months to convert their establishments into commercial outfits with RAJUK’s approval in order to run their businesses in residential areas. If any of them failed to do so within 10 months, the development authority would take action against them in accordance with the law, he said.

He also said the authorities concerned would not be able to take any measures against the business owners within those 10 months following the HC order.

Barrister Abdul Qaium, another counsel for the petitioners, said that the HC had asked the business owners to take approval from RAJUK within 10 months if they wanted to run their businesses in those places. 

Once the deadline ended, RAJUK would be free to conduct eviction drives without any prior notice, he added.

In 2015, RAJUK had issued a notice to remove illegal commercial structures from Gulshan, Banani and Baridhara.

On April 4 last year, the government set a six-month deadline to business owners to shift their establishments operating on plots or buildings in Gulshan, Banani, Baridhara and Dhanmondi residential areas. The government carried out eviction drives from July that year after the Holey Artisan attack.

But business owners filed separate writ petitions with the HC, challenging the legality of RAJUK’s notice and eviction drives.

Later, the HC issued separate rules in response to the petitions. After the final hearing, the HC bench yesterday came up with the orders.

After the HC order, barrister ABM Altaf Hussain, another counsel for the petitioners, told reporters that the HC order allowed RAJUK to demolish the illegal structures in Gulshan, Banani and Baridhara if their owners failed to secure RAJUK’s approval or did not shift within the next 10 months.

Besides the RAJUK notice, the HC, in response to a public interest writ petition, in June 2012 had declared all commercial operations in Dhanmondi residential area illegal, with the exception of authorised commercial establishments on Mirpur Road, Satmasjid Road, Dhanmondi Road-2 and Dhanmondi Road-27. It had directed the authorities to remove the unauthorised establishments. 

Later, the Appellate Division upheld the HC verdict.

According to sources, at least 500 illegal business establishments have been identified by RAJUK. Most of them—restaurants, hotels, guest houses and various retail outlets—are located in Dhanmondi, Gulshan and Banani.

 

10-month HC breather to businesses

Unauthorised establishment in Gulshan

The High Court (HC) yesterday directed the owners of all business establishments to take approval from the Rajdhani Unnayan Kartripakkha (RAJUK) within 10 months to run their businesses in Gulshan, Banani, Baridhara and Dhanmondi residential areas. If any of them failed to do so, RAJUK would be at liberty to take action against them in accordance with the law, the HC verdict said. The HC bench of Justice Salma Masud Chowdhury and Justice AKM Jahirul Haque delivered the verdict after disposing of 233 writ petitions filed in this regard. Advocate Ahsanul Karim, counsel of one of the petitioners, told The Independent that the HC had also asked the RAJUK authorities to consider the applications of such business establishments. Karim said the HC had allowed business owners 10 months to convert their establishments into commercial outfits with RAJUKs approval in order to run their businesses in residential areas. If any of them failed to do so within 10 months, the development authority would take action against them in accordance with the law, he said. He also said the authorities concerned would not be able to take any measures against the business owners within those 10 months following the HC order. Barrister Abdul Qaium, another counsel for the petitioners, said that the HC had asked the business owners to take approval from RAJUK within 10 months if they wanted to run their businesses in those places. Once the deadline ended, RAJUK would be free to conduct eviction drives without any prior notice, he added. In 2015, RAJUK had issued a notice to remove illegal commercial structures from Gulshan, Banani and Baridhara. On April 4 last year, the government set a six-month deadline to business owners to shift their establishments operating on plots or buildings in Gulshan, Banani, Baridhara and Dhanmondi residential areas. The government carried out eviction drives from July that year after the Holey Artisan attack. But business owners filed separate writ petitions with the HC, challenging the legality of RAJUKs notice and eviction drives. Later, the HC issued separate rules in response to the petitions. After the final hearing, the HC bench yesterday came up with the orders. After the HC order, barrister ABM Altaf Hussain, another counsel for the petitioners, told reporters that the HC order allowed RAJUK to demolish the illegal structures in Gulshan, Banani and Baridhara if their owners failed to secure RAJUKs approval or did not shift within the next 10 months. Besides the RAJUK notice, the HC, in response to a public interest writ petition, in June 2012 had declared all commercial operations in Dhanmondi residential area illegal, with the exception of authorised commercial establishments on Mirpur Road, Satmasjid Road, Dhanmondi Road-2 and Dhanmondi Road-27. It had directed the authorities to remove the unauthorised establishments. Later, the Appellate Division upheld the HC verdict. According to sources, at least 500 illegal business establishments have been identified by RAJUK. Most of themrestaurants, hotels, guest houses and various retail outletsare located in Dhanmondi, Gulshan and Banani.