no commercial establishments in Dhanmondi
SC upholds HC order
The Supreme Court yesterday upheld a High Court verdict that directed the authorities to stop all commercial operations in Dhakas Dhanmondi Residential Area. A four-member bench of the Appellate Division headed by Justice Md Abdul Wahhab Miah passed the order after rejecting two leave-to-appeals filed by Maple leaf International School and Dhaka South City Corporation against the HC verdict. Earlier, on February 2 in 2011, the HC in an interim order directed the government not to allow any further commercial operation and institution within the citys Dhanmondi Residential Area for the next six months.
In response to a writ petition, the court also directed the government to submit a report within four weeks on what steps they took to remove illegal commercial institutions from the area since 1999.
The then HC bench of Justice Mohammad Momtazuddin Ahmed and Justice Gobinda Chandra Tagore also issued a rule upon the government to explain within four weeks why it should not be directed to evict the institutions. Dhanmondi Residential Welfare Association President MA Masud and General Secretary MA Matin Chowdhury jointly filed the writ petition as public interest litigation.
After final hearing on the rule, the HC had on June 11 in 2012 directed the authorities concerned of the government and Rajdhani Unnayan Kartipakkha (Rajuk) to stop unauthrised commercial operation in Dhanmondi. The HC also ordered Rajuk not to give permission to any institution for running commercial activities in the area.
Unauthorized commercial operation/institutions in the Dhanmondi Residential Area beyond condonable limits are to be stopped, the copy of the verdict said.
Where illegal constructions have already taken place beyond the plan of Rajuk should be nipped in the bud and be demolished immediately, the verdict noted.
Later, two appeals were filed against the HC order. After hearing on the appeals the apex court yesterday came up with the order.
Petitioners counsel Advocate Manzill Murshid told reporters that hundreds of illegal commercial institutions that are operational there, damaging residential character and environment, have to be demolished immediately following the apex court order.
