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Modhumoti Model Town project illegal

HC rules in favour of public interest litigation; orders not to affect plot buyers

STAFF CORRESPONDENT
The High Court yesterday declared the controversial Modhumoti Model Town project of Metro Makers Ltd at Aminbazar on the outskirts of Dhaka unauthorised, illegal and against public interest.
The project located in a subflood-flow zone is contrary to the Dhaka City master plan and not approved by the city planners, Rajdhani Unnayan Kartripakkha (Rajuk), adjudged the HC division bench of Justice MA Matin and Justice AFM Abdur Rahman.
However, since people have already purchased some plots of the 'model town', the HC bench directed that the third party interest of the buyers should not be affected by this order.
The ruling came on a public
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interest litigation filed by Bangladesh Environmental Lawyers' Association (Bela) in August 2004. The Bela challenged the legality of the project, as it was filling up the Aminbazar subflood-flow zone, violating the Environment Conservation Act, Town Improvement Act and Rajuk rules.
Besides disposing of the Bela litigation, the court yesterday dismissed an earlier petition of Metro Makers against the Rajuk for preventing it from carrying on earth filling and land development work.
The judges also declared a Rajuk approval letter submitted by Metro Makers false. They directed the Rajuk to protect the sub-flood-flow zone and warned Metro Makers not to carry out any further earth filling there.
As the full judgement was quite long, the court only read out the operative part of it, touching upon five major issues.
To begin with, the bench rejected the argument of Metro Makers' lawyers that the Bela has no standing, or legal right, to file the case.
The court categorically said the project was in violation of the Town Improvement Act and the Dhaka City master plan prepared thereunder, and the Environment Conservation Act. As the Metro Makers did not obtain any permission from the Rajuk, the project is unauthorised, illegal, without lawful authority and against public interest, the court pronounced.
A number of eminent lawyers including some former attorneys general moved on behalf of the litigants.
TRIAL TRACK
On the PIL filed by the Bela, an HC bench comprising Justice Md Abdul Wahab Miah and Justice Zinat Ara on August 15, 2004 issued a 6-month injunction against Metro Makers to refrain from earth filling or any other project implementation activities including advertisement to sell its plots.
On a petition by Metro Makers, the HC vacated the stay order on September 1, 2004, with the Bela appealing against the ruling.
Although a vacation bench of the
Appellate Division chaired by Justice Tafazzul Islam issued a stay order in favour of the Bela on October 3, 2004, on regular appeal the division referred the matter to the HC for hearing on merit.
The Bela also challenged the authenticity of a Rajuk approval letter Metro Makers had appended in its petition and said it was forged. Scrutinising the original files, the HC bench yesterday held that the letter was of course not a genuine one. So, the court cancelled the rule issued earlier that so long had prevented the Rajuk from stopping earth filling in the project area.