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Land-filling of Jamuna stayed for a week

STAFF CORRESPONDENT
The Supreme Court yesterday stayed for a week a High Court (HC) order that restrained Rajuk from obstructing Jamuna Builders Limited from filling Ashulia lowlands with earth for construction.
Justice M Hamidul Huq, chamber judge of the Appellate Division of the Supreme Court, issued the stay order upon a petition by the government and fixed September 16 for next hearing.
The HC issued a rule on Rajuk on August 24, preventing it from halting earth-filling in Ashulia, following a writ by Nurul Islam, chairman of Jamuna Builders, a leading real estate builder.
Jamuna Builders obtained the August 24 order from the HC, although another HC bench issued an injunction on July 13, 2002 against the filling of Ashulia wetlands by anyone.
The injunction came after Bangladesh Environment Lawyers Association (Bela) filed a petition with the HC against land-filling by Jamuna Builders.
Attorney General AF Hassan Ariff told the court yesterday that the developer had obtained the August 24 court order in its favour by suppressing facts.
The order was issued after Jamuna Builders filed a writ on August 18 against a notice from
Land-filling
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Rajuk that said no-one can fill 590 wetlands demarcated under the Dhaka Master Plan.
Earlier, challenging the Rajuk notice, the real estate builder filed a writ with the HC, which is still pending for disposal.
Referring to the pending writ, Ariff said the HC cannot receive a second petition on the same issue.
Barrister Rafique-Ul Huq, counsel for Jamuna Builders, opposing the attorney general said the Rajuk notice against earth-filling in Ashulia did not come in the government gazette. The area where Jamuna Builders was filling lowlands for construction does not fall in the restricted areas of Rajuk, he said.
Earlier, Jamuna Builders had failed to get approval from Rajuk for developing the Ashulia land.
JAMUNA AND CONFUSION
Jamuna Group, the parent organisation of Jamuna Builders, yesterday denied that it was filling any government land in Ashulia and demanded a judicial inquiry in a week into 'the confusion created by Housing and Public Works Minister Mirza Abbas.
"Jamuna Group states unequivocally that it is not filling any land belonging to the government or anyone else," says a statement signed by the director, public relations, of Jamuna Group.
The Attorney General's Office had been in the dark about the August 24 order until the minister went there on Monday with a copy of the HC order that "allowed" the real estate builder to fill the wetlands.
Jamuna Group alleged that the minister went to the Attorney General's Office out of jealousy and bias and kept his eyes shut on other developers.
But the minister said on Monday that he moved for recovering government land, not his own.