Lessees use railway lands commercially violating agreements

On 28 May 1992, Bangladesh Railway allotted 1 acre of land to the Chattogram Diabetic Association at a token price of Tk5,000 a year for the construction of a diabetic hospital in the port city.

According to the terms of the contract, the hospital was supposed to reserve 20 beds for the treatment of railway staff and their families. The contract also required the hospital authorities not to rent or hand over any part of the allotted land or infrastructure constructed on it to any third party.

But no reserved bed has been kept for the railway workers in the Chattogram Diabetic Hospital. And the hospital authorities have rented two canteens on the hospital campus, violating the terms of the agreement.

The railway authorities have leased land to various organisations like Chattogram Diabetic Association at a nominal price for the development of different service sectors including education and health. But most of them have violated the terms of agreement by using the land for commercial purpose.

The same is true in the cases of leasing railway lands to individuals in sectors like agriculture and fisheries.

As a result, the railway authorities are being deprived of the actual leasing money of the land.

According to the railways, the total land of ​​the Eastern Railway is 24,440.93 acres. Railway authorities have leased 5,291 acres of land in different categories including commercial, agriculture and fisheries in Chattogram and Dhaka divisions. Of this, 1,625 acres were leased in Chattogram division and 3,006 acres in Dhaka division.

A woman named Kawser Jahan Chowdhury has leased 0.61 acres of land adjacent to the Jhautola-Sholashahar railway line on Zakir Hossain Road in the city for a nursery. Although a nursery has been built on some parts of the leased land, she started a scooter training centre commercially for women on the rest of the area.

A man named Biplob Sen leased 0.33 acres of land next to the place for fish farming. But he has made a car garage for commercial purpose on a part of the land which is a clear violation of the agreement.

When contacted on telephone, Biplob Sen said, "Many people have illegally occupied railway lands and set up commercial establishments. I have made a garage on a land leased for fish farming. What is wrong with that?"

There are many more instances of such violation of agreement in leasing railways land for different purposes. Most of the lands have been leased in the health and education sectors for a nominal annual fee of Tk2,000 to Tk5,000 per acre. However, the land acquiring organisation have been continuously violating the terms of agreement.

The railway authorities leased 2.06 acres of land to Kumira Residential Girls' School in 2006, three acres to Pahartali College in 1993, 0,53 acres to Pahartali Primary School, 1.11 acres to Ansar Club in 1993 and 4.77 and 0.93 acres to National Blind Welfare Society in two phases. 

The Islamic Medical Mission in Dhaka was allotted 3.78 and 1 acres of land in 1992, Sarishabari Women's College was allotted 3 acres in 1993 and Shahjahanpur Women's Degree College was allotted 0.75 acres in 1997.

There is a condition of free education and medical treatment in these educational institutions and hospitals for railway staff and their families. But in most cases these rules are not followed.

Mahbubul Karim, real estate officer of Bangladesh Railway, Chattogram, told The Business Standard, "According to the real estate policy of the railway, the leased lands cannot be used in any commercial way. If anyone is involved in such activities, the railway authorities will take possession of the land through eviction and cancel their license. The authorities will also fine them and collect commercial rent from them as per the railway policy."

However, authorities of Chattogram Diabetic Hospital denied the allegation of violating leasing agreement.

President of the hospital Jahangir Chowdhury said, "There are no separate beds reserved for railway workers in the hospital. There is no such condition in the contract with the railways. There is a railway hospital for railway workers. However, any current and former employees of the railways are given priority in the diabetic hospital."

There was a condition for reserving five beds and free treatment for railway staff and their families in a hospital of Bangladesh Kidney Foundation built on 1.21 acres of land leased from Bangladesh Railway in 1992. But railway workers have complained of harassment when getting services at this hospital. However, the organisation has built several commercial establishments on the land violating the conditions.

The railway authorities signed the biggest contract with the Public Service Foundation for the expansion of education and medical services. As per the agreement, the University of Science and Technology Chattogram (USTC) was established in 1989 by leasing 1.43 acres of land for 99 years at a symbolic price.

According to the contract, the university is obliged to admit 10 students from the families of railway staff every academic year at a nominal price. Initially, the university followed the rules. But in recent times USTC authorities are not complying with the contract. There are also allegations against USTC of acquiring extra land.

In 2005, Concord Entertainment Company Limited was allotted 366.36 acres of Foy's Lake by the railways in a tripartite agreement. The other party is Bangladesh Tourism Corporation. However, there are allegations against the company of violating seven conditions.

On 19 July 2017, the railways canceled the 50-year contract with the company for violating the conditions. After that Concord appealed to the High Court against the decision.

Meanwhile, 200 acres of 336 acres of land leased by the company has already been occupied as about 5,000 settlements have been established on 10 hills of Foy's Lake. Now, around 30,000 people live there.

Jahangir Hossain, general manager of Bangladesh Railway, Eastern division, said that Concord authorities have withdrawn the lawsuit as part of resolving the ongoing crisis.

 "We cancel those leases that violate our conditions. There is also a provision not to renew the lease agreement in the next term in such cases," he added.