HC judgement remains upheld

The Appellate Division of the Supreme Court (SC) Monday passed 'no order' on a petition filed seeking stay on the High Court (HC) judgment that earlier declared the Ashiyan City housing project in Dakkhinkhan mouja under the capital's Uttara illegal.

Following the Appellate Division's order, the HC judgment remains upheld, a lawyer concerned said.

The five-member bench of the Appellate Division headed by Justice Surendra Kumar Sinha passed the 'no order' in response to a civil miscellaneous petition of the housing project authorities.

On January 16 last, the HC declared the housing project illegal upon a writ petition filed by eight rights organisations including the Bangladesh Environmental Lawyers Association (BELA).

Thereafter, the housing project authorities moved the Chamber Judge of the Appellate Division with the civil miscellaneous petition seeking stay on the HC judgment.

The Chamber Judge sent the matter to the full bench of the SC's Appellate Division that Monday passed the 'no order', the lawyer said.

Now, the Ashiyan City project authorities can file civil petition (CP) for leave to appeal with the Appellate Division against the HC judgment after release of the judgment's full text, he added.

Full text of the HC judgment is yet to be published, he added.

Barrister Rafique-Ul Huq, Barrister Rokanuddin Mahmud and Barrister Ajmalul Hossain QC appeared for the Ashiyan City while former Attorney General Mahmudul Islam stood for the writ petitioners at the Appellate Division.