The High Court on Thursday declared Ashiyan City housing project situated in the capital’s Uttara area illegal. A High Court bench of justice AB Mahmudul Haq, justice Qazi Reza-Ul-Hoque and justice ABM Altaf Hossain delivered the verdict on a majority decision following a writ petition filed by eight organisations challenging the legality of the project. Justice AB Mahmudul Haq and justice ABM Altaf Hossain declared the housing project illegal while another member, Quzi Reza-Ul Hoque, termed the project as valid. Court sources said the Ashiyan City housing project at Dakkhinkhan, Uttara was given approval without following the due process. Writ petitioners’ counsel Ekbal Karim Liton said the court declared the project illegal because it was being implemented by filling wetland and water bodies of the area illegally, while Rajdhani Unnyan Kartipakkha (Rajuk) gave approval to the project without following the legal procedure. “The housing project has become illegal following the verdict. It has been proved that the project was developed on an unapproved land,” he said. Eight human rights and environmental organisations, including Ain o Salish Kendra, Association for Land Reforms and Development, Bangladesh Environmental Lawyers Association and Bangladesh Legal Aid and Services Trust, filed a writ petition with the High Court on December 22, 2012 challenging the legality of Rajuk’s approval and clearance certificate given by the Environment Directorate. An HC bench on January 2, 2013 stayed all its activities, including land filling, advertisement and selling plots following the petition. The court also stayed Rajuk’s approval for Ashiyan City’s land development and the site clearance certificate given by the Department of Environment and relevant ministry’s order for deducting the fine to Tk 5 lakh from the previous Tk 50 lakh, which was imposed on Ashiyan by the department on charge of filling wetland. – UNB
