HC scraps its earlier order on Ashiyan City housing project

An High Court bench on January 2, 2013, had stayed all activities after hearing the petition

Revising its earlier decision, the High Court (HC) yesterday declared as legal the Ashiyan City housing project spread over 43 acres of low-lying land in the city’s Dakkin Khan area.
 In a verdict, the High Court (HC) bench of Justice Syed AB Mahmudul Huq, Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain on January 16, 2014, had declared the project illegal by a majority decision.
But, in response to a review petition filed by Ashiyan City authorities, the HC bench comprising Justice Syed AB Mahmudul Huq Justice Naima Haider and Justice Quazi Reza-Ul Hoque unanimously set aside the previous judgment.
In its brief order, the HC bench yesterday said that the review petition had been allowed and the earlier judgment stood cancelled.
Ashiyana City’s lawyer, barrister Mostafizur Rahman Khan, told reporters that there was no legal bar to proceed with the project following the HC verdict.
On the other hand, advocate Syeda Rizwana Hossain, counsel for the petitioners, told reporters that they would appeal against the HC judgment at the Supreme Court (SC) after getting a copy of the order.
Eight human rights and environmental organisations—Ain O Salish Kendra, Association for Land Reforms and Development, Bangladesh Environmental Lawyers’ Association, Bangladesh Legal Aid and Services Trust, Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Nijera Kori, and Paribesh Bachao Andolon—had filed a writ petition at the High Court on December 22, 2012, challenging the legality of Rajuk's approval and the clearance given by the Directorate of Environment (DoE).
An HC bench on January 2, 2013, had stayed all activities, including land filling, issuance of advertisements and selling of plots, after hearing the petition.
The court also stayed Rajuk's approval of Ashiyan City's land development, the clearance certificate issued by the DoE and a ministry order reducing a fine of Tk. 50 lakh imposed on Ashiyan by the DoE for filling a wetland to Tk. 5 lakh.

 

HC scraps its earlier order on Ashiyan City housing project

An High Court bench on January 2, 2013, had stayed all activities after hearing the petition

Revising its earlier decision, the High Court (HC) yesterday declared as legal the Ashiyan City housing project spread over 43 acres of low-lying land in the citys Dakkin Khan area. In a verdict, the High Court (HC) bench of Justice Syed AB Mahmudul Huq, Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain on January 16, 2014, had declared the project illegal by a majority decision. But, in response to a review petition filed by Ashiyan City authorities, the HC bench comprising Justice Syed AB Mahmudul Huq Justice Naima Haider and Justice Quazi Reza-Ul Hoque unanimously set aside the previous judgment. In its brief order, the HC bench yesterday said that the review petition had been allowed and the earlier judgment stood cancelled. Ashiyana Citys lawyer, barrister Mostafizur Rahman Khan, told reporters that there was no legal bar to proceed with the project following the HC verdict. On the other hand, advocate Syeda Rizwana Hossain, counsel for the petitioners, told reporters that they would appeal against the HC judgment at the Supreme Court (SC) after getting a copy of the order. Eight human rights and environmental organisationsAin O Salish Kendra, Association for Land Reforms and Development, Bangladesh Environmental Lawyers Association, Bangladesh Legal Aid and Services Trust, Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Nijera Kori, and Paribesh Bachao Andolonhad filed a writ petition at the High Court on December 22, 2012, challenging the legality of Rajuks approval and the clearance given by the Directorate of Environment (DoE). An HC bench on January 2, 2013, had stayed all activities, including land filling, issuance of advertisements and selling of plots, after hearing the petition. The court also stayed Rajuks approval of Ashiyan Citys land development, the clearance certificate issued by the DoE and a ministry order reducing a fine of Tk. 50 lakh imposed on Ashiyan by the DoE for filling a wetland to Tk. 5 lakh.