SC begins hearing on govt appeal
Wednesday, 25 July 2007
The long-awaited hearing of a government appeal against the High Court judgment on the dispute over demolition of the much-talked-about 22-storied Rangs Bhaban began at the Appellate Division of the Supreme Court today (Tuesday), reports UNB
The High Court, in its verdict seven years ago in May 2000 upon a writ petition filed by the Rangs Group, declared the RAJUK notices as illegal, saying that the construction of Rangs Bhaban was done as per the plan approved by RAJUK following the terms and conditions. It further said RAJUK notices cancelling sanction of the plan and its other letters asking the petitioners to remove the construction beyond 6th floor has been done without lawful authority and has no legal effect.
On the other hand, the present caretaker government in a meeting of the Advisory Council in April decided in principle to demolish the Rangs Bhaban on Old Airport Road in the capital.
The Rangs Bhaban was built during the regime of military ruler HM Ershad. When the BNP was in power from 1991-96, it made an abortive bid to demolish the building. The Awami League during its 1996-2001 rule also took an initiative to demolish the building, but was restrained by a High Court order.
When a five-member bench of the apex court took up the matter for hearing, counsel for Rangs Group Barrister Rafique-ul Huq, opposed the hearing and submitted that the hearing should be postponed until the state of emergency is lifted. The case involved enforcement of fundamental rights, now suspended under the state of emergency, he said.
The Appellate Division bench, headed by Justice M Fazlul Karim, by keeping the order pending on the issue raised, allowed Attorney General Fida M Kamal to make his submission for the government.
Fida Kamal submitted that the Rangs authorities had constructed the multi-storied building in violation of the rules of RAJUK and also the statutory rules of the Civil Aviation Authority.
The Rangs authorities even deviated from its original plan approved by the RAJUK and constructed the building illegally, the top government law officer said.
The High Court, in its verdict seven years ago in May 2000 upon a writ petition filed by the Rangs Group, declared the RAJUK notices as illegal, saying that the construction of Rangs Bhaban was done as per the plan approved by RAJUK following the terms and conditions. It further said RAJUK notices cancelling sanction of the plan and its other letters asking the petitioners to remove the construction beyond 6th floor has been done without lawful authority and has no legal effect.
On the other hand, the present caretaker government in a meeting of the Advisory Council in April decided in principle to demolish the Rangs Bhaban on Old Airport Road in the capital.
The Rangs Bhaban was built during the regime of military ruler HM Ershad. When the BNP was in power from 1991-96, it made an abortive bid to demolish the building. The Awami League during its 1996-2001 rule also took an initiative to demolish the building, but was restrained by a High Court order.
When a five-member bench of the apex court took up the matter for hearing, counsel for Rangs Group Barrister Rafique-ul Huq, opposed the hearing and submitted that the hearing should be postponed until the state of emergency is lifted. The case involved enforcement of fundamental rights, now suspended under the state of emergency, he said.
The Appellate Division bench, headed by Justice M Fazlul Karim, by keeping the order pending on the issue raised, allowed Attorney General Fida M Kamal to make his submission for the government.
Fida Kamal submitted that the Rangs authorities had constructed the multi-storied building in violation of the rules of RAJUK and also the statutory rules of the Civil Aviation Authority.
The Rangs authorities even deviated from its original plan approved by the RAJUK and constructed the building illegally, the top government law officer said.