SC to announce judgment on Ashiyan City housing project issue tomorrow

The Appellate Division of the Supreme Court will announce its verdict on the appeal against a High Court judgment validating the Ashiyan City housing project in the capital's Dakshinkhan area tomorrow (22 November).

A full bench of the Appellate Division led by Chief Justice Obaidul Hasan will announce the judgment, according to the Cause list posted on its website.

In a hearing on 7 November, the Appellate Division of the Supreme Court fixed November 22 for the verdict.

Bangladesh Environmental Lawyers Association (BELA) and some environmental organisations filed a writ petition on public interest in the HC challenging the validity of the Ashiyan housing project.

During the hearing on 7 November, Chief Justice Obaidul Hasan, who led the Appellate Division bench praised the works of the BELA, but also questioned the petition.

"BELA is a respected organisation and many learned senior lawyers and respectable persons of the society are involved with the society. But the BELA filed the instant Public Interest Litigation against the Ashiyan project only, though other land development projects have other loopholes. This sends the wrong message to the members of the society."

In response, BELA's lawyer Probir Neyogi said, "We filed this case according to the capacity of our organisation. I can't file a case against everyone as I don't have financial and other support."

The chief justice then said, "This has become a pick-and-choose matter. You filed a case against only Ashiyan city and the others got away."

Barrister Fida M Kamal and Advocate Syeda Rizwana Hasan also participated in the hearing on behalf of the BELA.

Senior Advocate Qamrul Haque Siddiqui, Advocate Ahsanul Karim participated in the hearing on behalf of Ashiyan City.

Additional Attorney General Sheikh Golam Mershed was on behalf of the government.

In 2016, the HC, after a two-stage hearing, declared the operation of the Ashiyan City Housing project valid.

The government and BELA filed two separate appeals against the HC's judgment in the Appellate Division of the Supreme Court.

The final hearing of these two appeals was completed on 7 November.

Earlier on 2 November at the time of hearing on this appeal, the Appellate Division wanted to know the government's approval process for private housing projects in Khilkhet, Dakshinkhan, Purbachal, Bashundhara and their surrounding areas of the capital.

According to the court order on 7 November, Additional Attorney General Sheikh Gholam Morshed submitted the documents relating to the approval process for private housing projects in the mentioned areas.

Seven of out 16 housing projects in Dakshinkhan and surrounding areas of the capital did not have final approval from the Rajdhani Unnayan Kartripakkha, according to a document submitted to the Appellate Division of the Supreme Court yesterday.

The projects are – Purbachal Housing Project; Judicial Officers Housing Society; Civil Aviation Residential Zone; Jamuna Builders; Nasa Group; Pink City; and Haji Camp.

Process for approval of three housing projects are underway.

They are – BCS Admin Housing Society; Police Officers Housing Society and Bonrupa Residential Project.

The document said land has been acquired for RAJUK Uttara Model Town Project but it did not clarify whether the project has been approved or not.

Five projects – East West Properties Limited; Jolshiri Housing Project; Neptune Properties Limited; Swadesh Residential Project and Lake City Concord have been given final approval by RAJUK, according to the list.