Hatirjheel business establishments to stay: SC orders status quo on HC verdict
On 30 June, the High Court declared the Hatirjheel-Begunbari project a “public trust property”
The Appellate Division of the Supreme Court has ordered a status quo on the implementation of the High Court's judgment that ordered the removal of all business establishments from the Hatirjheel area.
A five-member bench of the Appellate Division, led by Chief Justice Hasan Foez Siddique, gave the order on Monday following a leave to appeal petition filed by the Rajdhani Unnayan Kartripakkha (Rajuk) challenging the High Court verdict.
The apex court placed the Rajuk appeal on its hearing list.
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After the court order, the petitioner's lawyer Imam Hasan said, "As per the order of the Appellate Division, commercial establishments in Hatirjheel cannot be moved and will remain for the time being."
On 30 June 2021, the High Court handed down a verdict with four directives and nine recommendations, including the eviction of all commercial establishments from the Hatirjheel-Begunbari project within 60 days, following a writ petition filed by Human Rights and Peace for Bangladesh (HRPB).
On 24 May of this year, the full text of the verdict was published where the High Court declared the Hatirjheel-Begunbari project a "public trust property" and all commercial establishments there illegal, including hotels, restaurants, and shops.
The court cancelled the allotment of all hotels, restaurants, and other commercial establishments in the project area and asked Rajuk and others concerned to remove them within 60 days of receiving a copy of the verdict.
The court also directed the water taxi service currently in operation to be stopped.
Later Rajuk filed an application seeking leave to appeal as well as a stay order against the High Court's verdict, which came up for hearing in the Appellate Division Chambers on 19 June. On that day the Chamber Court referred the petition to the regular bench of the Appellate Division for hearing.
Attorney General AM Amin Uddin and Rajuk's lawyer Imam Hasan moved for the appeal petition while Advocate Monjil Morshed moved against the appeal.
Human Rights and Peace for Bangladesh (HRPB), a rights organisation, filed the writ petition with the High Court as public interest litigation, attaching a news report published on 1 August 2018.
The petition challenged the legality of business establishments in Hatirjheel, saying Rajuk took no action when these establishments outside the original plan of Hatirjheel, were springing up and flourishing.
