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Fresh grabbing of Gulshan lake

Encroacher's caretaker sues Rajuk men following eviction drive

Tawfique Au
Land grabbers have again started encroaching on the Gulshan Baridhara Lake making the ongoing walkway construction complicated with legal tangles.
The walkway and driveway are integral components of the ongoing Gulshan Lake development project undertaken by Rajdhani Unnayan Kartripakkha (Rajuk).
In a recent bid, one Saifuddin Ahmed and his wife Nasrin Ahmed have embarked on earth filling into the lake and construction of unauthorised structures claiming a 20-katha private plot behind the National Shooting Complex, said Rajuk officials.
Rajuk officials led by magistrate ASM Emdadud Dastagir carried out an eviction drive on March 3 and demolished part of unauthorised structures at the site. But wife of the plot claimant's caretaker filed a case against the Rajuk officials bringing criminal charges.
Rajuk Executive Engineer Uzzal Mallik said the plot claimants have not only filled up part of the lake but also erected a one-storey concrete building, makeshift structure and boundary wall without building approval from Rajuk.
“The land grabbers have violated the Wetland Protection Act of 2000 and Building Construction Act 1952 besides occupying a piece of land acquired by the government." he said justifying the Rajuk eviction drive.
As per Rajuk records, the claimed land (CS Dag no-2852) is an acquired property' of Rajuk by LA case no-138 of 1961-1962.
During a visit to the site on May 24, this correspondent saw fresh encroachment and pillars for building construction at the plot. Harunur Rashid, who identified himself as 'site manager' and the caretaker's wife Shahida Begum were found there.
Saifuddin Ahmed, who is managing director (MD) of a pharmaceutical company, said he bought the land in 2000 and 2004 — first a 27-decimal land then less than 6 decimals. He obtained a holding number — Ba-l/C South Badda — from DCC.hesaid
Referring to the land registration deeds of 2001 and 2004 by which he claims the piece of land, Saifuddin said, “Actually, the one-bigha plot is meant for construction of the office building of the pharmaceuticals."
“I have built a tin-shed concrete structure at the site around seven years back,” he said. “But none objected to my possession until beginning of this year.”
Rajuk officials verbally objected to the plot development and structure only when he was
carrying a renovation work last December, Saifuddin said.
Local-level security guards employed by Rajuk filed a GD on September 12, 2006 with Gulshan Police reporting earth filling at the said site.
Following Rajuk's eviction drive, Saifuddin obtained an ad-interim injunction from the court of 2nd Senior Assistant Judge Court, Dhaka on March 5.
Replying to a question why he
started earth filling into the lake in violation of the Wetland Protection Act, Saifuddin said, "I am not aware of the act."
About not obtaining building approval as required by the Building Construction Act of 1952 and Building Construction Rules of 2007 before construction of the structure and boundary wall, he said, “Rajuk did not object to it"
Asked why he has occupied a
land acquired by the government, he said, "I am not aware of it.”
Rajuk issued a public notice in newspapers on March 11, 2000 highlighting government-acquired lands for protection of the Gulshan-Banani-Baridhara Lake and forbidding earth filling and construction of structure there.
As per the notice, the entire land under CS Dag no 2852 is acquired.
The then project director of the Gulshan-Banani-Baridhara Lake development scheme after a field visit to the disputed land submitted a report on February 19 this year, recommending filing a case under Wetland Protection Act.
Rajuk is now ready to file a case in this connection under Wetland Protection Act, Uzzal Mallik said, adding that Rajuk will produce all the relevant documents to the court to vacate the temporary injunction by the judge court.
The Wetland Protection Act of 2000 provides for protection of canals, wetlands, flood retention ponds and basins earmarked in the Dhaka Metropolitan Development Plan (DMDP) as storm water retention pond.
Shahida Begum meanwhile filed a criminal case against Uzzal Mallik and others with Badda Police Station bringing criminal charges against them. She alleged that the accused had demolished her landlord s (Saifuddin) residential house, shops and business house on March 6 and that they had assaulted her physically on March 7.
Uzzal has been accused as an individual, not as a Rajuk official.
Shahida has alleged that she was assaulted severely in the morning of March 7 and lost sense. According to the medical documents that she produced to the police, she went to Mitford Hospital in the afternoon of March 9 to receive outdoor treatment.
But according to Rajuk records, the eviction drive was conducted on March 3 while March 7 was weekend.
Responding to the inconsistencies in the claim of assault, Saifuddin said locals gave her first aid and then took her to Mitford Hospital two days later.
But he could not explain why she, instead of going to a nearby hospital, travelled to as far as Mitford Hopsital in old town from Badda area.
Under the lake development project, Rajuk will build a walkway and driveway stretching from the UN Road in Baridhara up to National Shooting Complex along the lake bank on Badda side, according to planning section officials at Rajuk.