The High Court on Monday asked to maintain a status quo on floors 21 to 28, a part of the unauthorised extension, of a 28-storey building of Borak Real Estate Limited constructed on the land of Dhaka North City Corporation (DNCC) at Banani in the capital.
The status quo will continue till the disposal of the rule issued earlier regarding the matter, according to the High Court order.
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after a hearing on the case.
Barrister Syed Sayedul Haque Suman himself appeared in the court hearing in support of his writ petition, while lawyer ABM Altaf Hossain appeared for Borak Real Estate Ltd, Barrister Imtiaz Moinul Islam stood for DNCC, lawyer Md Imam Hasan for the RAJUK and Deputy Attorney General Saifuddin Khaled represented the state.
Barrister Syed Sayedul Haque said, “Borak Real Estate has constructed a 28-storey building although they had permission only for a 14-storey building as per amended agreement. That is, the remaining 14 floors are unauthorised.
Moreover, the approval of the Civil Aviation Authority of Bangladesh was not taken for the construction of this building. But Borak Real Estate says an application for height approval is under consideration.
The City Corporation says that the Civil Aviation Authority normally approves the construction of a 201-foot-high building in that area (Banani). If that is the case, the building has an additional height from 21 floors to 28 floors. That is why the status quo has been issued on these 8 floors. This status quo has been ordered to be maintained till the settlement of the rule.”
Lawyer ABM Altaf Hossain said, “An application filed by Borak Real Estate to the Civil Aviation Authority is pending. Moreover, the building has been constructed 28 floors with the approval of the authorities. In view of the petitioner's request, the court sought the statement of the Civil Aviation Authority. That is why the HC issuing a status quo asked the writ petitioner to place the application by October 10.”
Rajuk lawyer Md Imam Hasan said, “Rajuk did not approve any design related to this building. And the design approved by the City Corporation authorities for this building is also not legal.”
Following a writ petition, the bench on June 12 this year asked the DNCC and Borak Real Estate Ltd to reach an amicable settlement over the possessions and shares of the 28-storey building.
It also issued a rule asking the respondents as to why they should not directed to receive their possessions and shares under the relevant agreement.
On June 11, Supreme Court lawyer Barrister Syed Sayedul Haque Suman submitted the writ petition as a public interest litigation to the HC, seeking its directive to conduct an inquiry into reported corruption in signing a contract between Borak Real Estate and the DNCC for constructing the multi-storey building.
The lawyer made the move after a report was published in a Bangla daily on June 1 headlined, “Sorkari Jamite Panch Taroka Hotel (Five-star hotel on government land)”.
