The Appellate Division of the Supreme Court on Monday upheld a High Court verdict that ordered authorities concerned to demolish within 30 days the six-storey Gulshan Shopping Complex located in Dhaka's Gulshan-1 area as the building was found to be risky.
A five-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order after hearing two separate leave to appeal petitions filed by Zia Yameen, one of the owners of the structure, challenging the HC verdict.
Following a writ petition filed by two companies, Bani Chitra and Chalachchitr, the HC on December 12 last year ordered developer company Shanta Holdings Limited to demolish the shopping complex in 30 days.
Lawyers Ahsanul Karim and Mustafizur Rahman Khan appeared in the court hearing on behalf of the leave to appeal petitioners, while Mostaque Ahmed Chowdhury and Khondaker Nazmul Ahsan appeared for the writ petitioner and Khan Mohammad Shameem Aziz represented the Rajuk (Rajdhani Unnayan Kartripakkha).
Lawyer Khondaker Nazmul Ahsan said that Dhaka North City Corporation (DNCC) sealed the shopping complex on July 13, 2023 as the Fire Service and Civil Defence in separate reports said the building was vulnerable.
The establishment is a property of the Rajuk that leased this land to two companies, Bani Chitra and Chalachchitra in 1975. Later the companies constructed the building. They later held a contract with Shanta Holdings Limited in 2006 to reconstruct the building.
The condition was that the two companies would vacate the building within six months of the agreement and hand over the possession to Shanta Holdings Limited. But the two companies failed to do so.
The officials of the Fire Service and Civil Defence visited the building on May 28 in 2017 and reported that it has 10 defects related to fire risk. As the defects were not repaired, the Fire Service on June 11 in 2018 declared the building as 'not fit for use'.
The secretary of the shopping complex then filed an appeal to the home ministry against the decision of the Fire Service. But their appeal was unheeded. Then they moved the High Court that also upheld the decision of the Fire Service.
In this circumstance, an agreement was signed among the four stakeholders of the building. As per the agreement Shanta Holdings paid Tk 3.2 billion on condition that shop owners will vacate the building within 2022.
As the businessmen did not vacate the building even after their promise, Executive Magistrates of DNCC sealed the shopping complex on July 13 in 2023.
Later, Shanta Holdings Limited filed a writ petition seeking direction to open the building. Upon hearing the petition the HC bench of Justice Mustafa Zaman Islam and Justice Md Atabullah ordered demolishing the building within 30 days.
The HC asked the DNCC to give permission to demolish the building within 30 days. It also asked the DNCC and Rajuk to cooperate with Shanta Holdings in demolishing the building.
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