A Commentary on the HC Division’s Ruling to Demolish BGMEA Building
ড. মো. আব্দুল জলিল
On 3rd March 2011, the High Court Division of the Supreme Court of Bangladesh has ruled to demolish BGMEA building erected on Hatirjheel lake in Dhaka for illegally constructing this building. This building was erected in 1998 without taking approval from the RAJUK and by violating provisions of three legislation's, such as (a) Wet lands Protection Act 2000; (b) State Acquisition and Tenancy Act 2000; and (c) Building Construction Act 1952. Under these Acts BGMEA authority has committed fraud to get the land and to erect the building on it for which section 6(3) of the Wetlands Protection Act 2000 provides 5 (five) years imprisonment or fine or both against the BGMEA authority and other people involved in the process.
The High Court Division heard the case suo moto in response to a report published in the New Age on October 2, 2010 headlined “No plan to demolish unauthorized BGMEA building soon”. After hearing the case the High Court Division rightly decided that BGMEA has constructed the building on Hatirjheel lake in Dhaka illegally and it has no valid title deed on the land. The decision is very much appreciated as it has ruled to demolish the building and to lodge criminal charge against the BGMEA authority for criminal Punishment. Such a decision, indeed will work as a deterrent effect in Bangladesh as many powerful organizations and persons are constructing illegal buildings without taking approval from the RAJUK and by giving huge amount of bribe money to Ministers and MPS. To name such two more illegal building and park are ‘Jamuna Future Park’ and ‘Rangs Building’ in Dhaka.
While the decision of the honorable HCD has been good and praiseworthy, we need to look into the social and economic implications of demolishing the 16 stored BGMEA building the market value if which is now 100 cores taka (US $10 millions). Some private persons have bought some of the apartments in this building. If the building is demolished these private citizens will also be seriously affected together with BGMEA. Bangladesh is a poor country, we should not waste money or destroy any property although it is made illegally if alternative adequate remedy is available from the wrongdoers. This is solely my humble opinion.
Bangladesh government acquired the land which consists of Hatirjheel and Begunbari lakes to construct circular roads around the two lakes and to preserve natural beauty of the lakes and surrounding area. This is known as Hatirjheel project. It has been found that BGMEA filled up some part of the Hatirjheel lake with soil to erect building on it. As a result the natural follow of water from Begunbari canal to the Hatirjheel lake has been stopped which is criminal act done by BGMEA authority under the existing laws of Bangladesh. However, taking into consideration of the importance of the activities of BGMEA building, the court could find exceptions under the existing laws for public and national interest to protect the building. The court could rule for BGMEA to pay adequate compensation to the government as a punitive measure.
Such adequate compensation could help Bangladesh government to undertake another development project. On the other hand court still can punish the BGMEA authority and other connected persons and organizations by passing criminal sentences such as imprisonment for few years based on the relevant laws mentioned above or under the Penal Code of Bangladesh. Another pertinent point of the BGMEA building and the proposed Hatirjheel project is that the proposed project can still be implemented notwithstanding the BGMEA building. The BGMEA building is a nice building which will increase the beauty of the Hatirjheel project.
It is crucial to take note that the then Prime Minister, Sheik Hasina inaugurated the construction of the BGMEA building during her first tenure of government in November 1998 and subsequently, on its completion, the then Prime Minister Begum Khaleda Zia inaugurated the completion and opening ceremony of the building in October 2006. So we find that the two largest party governments in Bangladesh gave permission to BGMEA to construct this building probably with some good considerations in mind for example the earning of huge amount of foreign money by the BGMEA authority or the fact that the building will not affect the implementation of Hatirjheel project.
BGMEA is earning a lot of foreign money as mentioned above by exporting world class ready-made garments to many foreign countries especially to the United States. By earning huge amount of foreign money BGMEA is contributing to the GDP growth of Bangladesh which has been beneficial for the country. Hence, considering the contribution of BGMEA to the economy and creating a great number of employment opportunity for Bangladeshi people in its industries, we may recommend protection of the BGMEA building as Bangladesh government alternatively can claim adequate amount if money from BGMEA as compensation or fine which could be used for some national development projects as stated above.
If the decision of the honorable High Court Division is implemented within 90 days as said in the court’s ruling, the nation will lose more than 100 cores of taka the current value of the building and land. It will cause serious environmental pollution by blowing dust in the area in one hand and by making unbearable noise while the building would be demolished on the other hand. There are also possible great dangers of injury and death of many innocent and poor workers who will take the risk of breaking down the building. Another important point is that demolishing the building will cause to lose the aesthetic beauty of the site in Hatirjheel project.
BGMEA is planning to get an order from the honorable Appellate Division of the Supreme Court of Bangladesh. It is also planning to appeal against the decision of the honorable High Court Division (HCD) to the honorable Appellate Division of the Supreme Court to set aside the decision of HCD. I hope, the honorable Appellate Division will consider my humble suggestions related to the i) socio-economic, environmental and aesthetic interest of the country; ii) the benefit of the people from this organization; and iii) the great loss which the nation will suffer.
* The author is an academic in International Islamic University Malaysia (IIUM).
E-mail: abd_jalil2@yahoo.com
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