Ashiyan City: SC stays HC review order

Dhaka: The Appellate Division of the Supreme Court on Monday stayed a review order of the High Court that declared legal the Ashiyan City housing project spread over 43 acres of low-lying land in the city’s Dakhshin Khan area.
The three-member bench of the Supreme Court led by Chief Justice Surendra Kumar Sinha passed the order accepting leave-to-appeal filed against the review order.
Advocate Kamrul Haque Siddique stood for Ashiyan City, Dr Kamal Hossain, lawyer Fida M Kamal and Syeda Rizwana Hossain for the petitioners while Attorney General Mahabubey Alam for the state.
Rizwana Hasan said that following today’s order, the earlier order of the High Court that declared the Ashiyan City housing project as illegal, will be upheld.
Besides, the court also asked to file a regular petition within four weeks against the review order.
On January 16, 2014, in a verdict, the High Court (HC) bench of Justice Syed AB Mahmudul Huq, Justice Quazi Reza-Ul
Hoque and Justice ABM Altaf Hossain declared the project as illegal by a majority decision.
Later, on August 17, 2016, revising its earlier decision, the HC declared the Ashiyan City housing as legal.
Later, eight human rights and environmental organisations—Ain O Salish Kendra, Association for Land Reforms and Development, Bangladesh Environmental Lawyers’ Association, Bangladesh Legal Aid and Services Trust, Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Nijera Kori, and Paribesh Bachao Andolon— filed leave-to-appeal on July 27 in this year.
The eight institutes filed the writ petition with the High Court on December 22, 2012 challenging the legality of Rajuk’s approval and clearance certificate given by the Directorate of Environment (DoE).
An HC bench on January 2, 2013, had stayed all activities, including land filling, issuance of advertisements and selling of plots, after hearing the petition.
The court also stayed Rajuk’s approval of Ashiyan City’s land development, the clearance certificate issued by the DoE and a ministry order reducing a fine of Tk 50 lakh imposed on Ashiyan by the DoE for filling a wetland to Tk 5 lakh.