The Appellate Division on Thursday dismissed Bangladesh Garments Manufacturers’ and Exporters’ Association’s petition challenging a High Court order to demolish its unauthorized 15-stoyed building on the Hatijheel Lake in the capital. A four-judge bench chaired by Chief Justice SK Sinha dismissed the petition in which the BGMEA sought the permission to appeal against the High Court Division’s order. On April 3, 2011, the High Court Division gave the order to the government to demolish the BGMEA Bhaban within 90 days. Rights lawyer Manzill Murshid later said that the apex court’s decision paved the way for the demolition of the unauthorized building that created huge controversies.The HC called the BGMEA Bhaban as a cancerous growth that eclipse the Hatirjheel, a beauty spot of the capital. In the verdict, the HC directed the BGMEA to return money to buyers of commercial spaces in the BGMEA Bhaban within 12 months. Rajdhani Unnayan Katripakkha would take action after getting a copy of the apex court’s decision, Rajuk acting chairman Md Abdur Rahman told New Age.‘Of course we will comply with the court directive,’ he said.BGMEA’s lawyer Rafique-ul Huq said that the apex court decision would require demolition of the BGMEA Bhaban.He also said that he would advise the BGMEA to immediately seek review of the Appellate Division’s decision. The HC verdict declared the BGMEA Bhaban as illegal as the BGMEA could produce no document to show that the building was built on its land. As the land belonged to the government no private organization could construct its building on it, said the HC. The HC had directed the government to demolish the BGMEA Bhaban within 90 days. The HC gave the verdict while disposing of a suo moto rule it had issued on October 3, 2010 asking the government to explain why it should not be directed to dismantle the unauthorized multi-storey BGMEA Bhaban. The suo moto rule was issued following a report New Age published on October 2, 2010 under the headline ‘No plan to demolish unauthorized BGMEA building soon.’ In the verdict, the HC said that the unauthorized BGMEA building was constructed on government land flouting the master plan for the development of the capital and several laws relating to protection of its environment and wetlands.
