BANGLADESH NEWS
The Supreme Court on Tuesday upheld a High Court verdict that declared the controversial Modhumoti Model Town project of Metro Makers Ltd and its activities at Aminbazar in Savar illegal.
The Appellate Division of SC delivered the verdict after around six months of concluding hearing on five separate appeals filed challenging different portions of the HC verdict.
Bangladesh Environmental Lawyers' Association (Bela), Modhumoti Model Town authorities, plot purchasers and Rajuk had filed the appeals in 2009 against different parts of the HC verdict.
The project authorities filed two appeals and the three others filed one each.
Bela's lawyer Iqbal Kabir Lytton told on Tuesday that the Modhumoti Model Town authorities and the people who purchased plots at its Aminbazar project cannot construct any structure on the project area following the apex court verdict.
Following the verdict, the area of the project will remain as free flood flow zone and the capital city will also remain protected and safe from water logging, Lytton added.
In the verdict, the SC allowed an appeal of Bela, dismissed two appeals of Model Town authorities and one appeal of plot purchasers and disposed of an appeal of Rajuk.
A six-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain delivered the verdict.
Details of the SC verdict are yet to be released.
Earlier on June 8 last year, the HC declared 77 unauthorised housing projects in and around Dhaka illegal and directed the government to remove or demolish those housing projects.
The HC on July 27, 2005, had declared the Modhumoti Model Town project at Bilamalia and Baliarpur near Aminbazar at Savar unauthorised, illegal and against public interest, but directed to protect the interest of the purchasers.
Earlier in August 2004, Bela filed the writ petition as public interest litigation with the HC challenging the legality of the project, as it was filling up the sub-flood-flow zone, violating the Environment Conservation Act, Town Improvement Act and Rajuk rules.
Bela, the project authorities, plot purchasers and Rajuk had filed five separate leave-to-appeal-petition in 2006 with the SC against separate portions of the HC verdict.
The SC on March 19, 2009, allowed the leave-to-appeal upholding the HC verdict and permitted them to move regular appeals before it against the HC verdict.
They filed five separate appeals in that year with the apex court challenging the HC verdict.
In the appeal, Bela said if the project continues, the free flood flow zone characteristic of the area will be destroyed and its environment will be adversely affected.
Bela also appealed to the apex court to pass necessary orders so that the capital city remains free from water logging.
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