The High Court declared the Ashiyan City housing project in the capital’s Uttara area as illegal on Thursday.
A larger three-member bench of the HC led by Justice Syed ABM Mahmudul Huq pronounced the verdict in response to a writ petition filed by some human rights activists. Two other judges of the bench are Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain.
In 2012, some eminent rights activists filed the writ petition with the HC, claiming that Ashiyan City authorities had been filling and constructing structures on about 230 acres of land even though the company had Rajuk permission for development on only 43 acres.
Later on June 14, 2013, Chief Justice Md Muzammel Hossain formed a three-member High Court bench to decide the legality of activities of Ashiyan City housing project.
The CJ’s decision came after rights activists submitted an application on May 29, 2013, apprehending that they would not get justice from the two-judge HC bench led by Justice Quazi Reza-Ul Hoque.
In the application submitted by Chief Executive of Bangladesh Environment Lawyers Association (Bela) Syeda Rizwana Hasan on behalf of the petitioners, they requested that the CJ pass an order transferring the writ petition from the HC bench led by Justice Quazi Reza-Ul Hoque to another bench for disposal.
Earlier on January 2, following the same writ petition, the HC ordered Rajuk to stop the activities of Ashiyan City, and its site clearance certificate, issued by the Department of Environment, and the renewal of the certificate.
It also issued a rule upon the relevant authorities from the government and Ashiyan City to explain as to why the issuance of the environmental certificates and their renewal should not be declared illegal.
