The Supreme Court has directed the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) to demolish its building ‘BGMEA  Complex’  situated  on  the  water  body of Begunbari canal and Hatirjheel lake at once, at its own cost. “In  default, the apex court directed the RAJUK to  demolish  the same  within  90  days  from  the  date  of  receipt  of  this judgment and realise the entire demolition cost from the petitioner, BGMEA,” directed the Apex Court in its full verdict in the case over BGMEA Complex, which was released yesterday afternoon.
Meanwhile, BGMEA Vice-President (Finance) Mohammed Nasir has said they are mentally prepared to relocate their head office to Uttara. However, the BGMEA will file a review petition with the court against the Supreme Court verdict as the legal option is still available, he said. They have already sought three acres of land from the government to construct a BGMEA complex in Uttara, Nasir, also the managing director of Evergreen Sweaters Ltd., added.
Former BGMEA President Md Atiqul Islam told The Independent that they have already met with Prime Minister Sheikh Hasina regarding relocation of their building as they will abide by the verdict of the court. The prime minister has assured them to provide land for the RMG exporters who are playing a vital role in the country’s economy, he said. Earlier on June 2, a four-member bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, dismissed a leave to appeal petition filed by the BGMEA authority against the HC order that had declared illegal the BGMEA building at Hatirjheel. The apex court yesterday released copy of the 35-page full verdict after putting down the signatures of all four judges on it.
The verdict copy said, “Considering  all  these  aspects,  we  do  not  find  any reason  to  interfere  with  the  impugned  judgment  and order of  the  High  Court  Division  which  is  well  reasoned  and based on proper appreciation of facts and circumstances as well  as  the  law.    As  such,  we  have  no  hesitation  to hold that  the  BGMEA  building  complex  has  been  constructed  by the  petitioner  illegally  in  violation  of  all  the  laws  of the  land  which  cannot  stay  upright,  rather  the  same deserves to be demolished at once.”
Citing from the full text of the judgment, advocate Manzill Murshid, an amicus curiae (friend of the court), told reporters that the BGMEA building was constructed without taking environment clearance certificate.
The BGMEA had taken site clearance for constructing the building—that are issued to construct an industrial building although the BGMEA building was not constructed for industrial purposes, he added.
He also said that the ownership of the land of the building was transferred illegally by Export Promotion Bureau in 2001, although the bureau got the ownership of the land in 2006.
The apex court verdict observed that the BGMEA building marred the attractiveness of a government project taken to beautify the Hatirjheel lake.
Following the apex court order on June 2, BGMEA President Siddiqur Rahman had said they would seek a reconsideration of the SC verdict.
“We respect the court’s order. But, we’ll file a review plea after receiving the full copy of the apex court verdict,” Rahman said.
Attorney general Mahbubey Alam said the HC had ordered the government to demolish the building. Now, the apex court has upheld the order and the building has to be demolished, he added. On April 13, 2011, the HC had ordered the authorities concerned to demolish the 15-storey BGMEA building on the Begunbari-Hatirjheel canal, saying it was built on land acquired through forgery and illegally filling the canal with earth. The HC also said the BGMEA did not take approval for its plan and construction from Rajdhani Unnayan Kartripakkha (Rajuk). It had then ordered the tenants to vacate the building and move their belongings within 90 days.