Supreme Court stays verdict clearing Ashiyan City housing project

The apex court has halted all activities of the Ashiyan City housing project in the northern part of capital Dhaka.

The Supreme Court on Monday stayed the High Court order, which had reversed  its previous verdict declaring the project by Ashiyan Land Developments as illegal.

On Jan 16, the High Court ruled the housing project as illegal after hearing a petition by several rights bodies.

The land developer moved for a review of the decision and on Aug 16, the court stayed its previous verdict.

The State and the rights bodies filed separate pleas with the Appellate Division to challenge the decision, which was heard on Monday.

The five-member appeals bench led by Chief Justice Surendra Kumar Sinha stayed the High Court's decision and instructed the State and the rights bodies to file a regular appeal plea.

The project by Ashiyan Lands Development Ltd is located opposite to Dhaka’s Shahjalal International Airport and beside the Hajj Camp.

In 2012, several rights and environmentalists groups like Ain O Salish Kendra (ASK), Association for Land Reform and Development, Bangladesh Environmental Lawyers Association (BELA), Institute of Architects, Bangladesh (IAB), Nijera Kori and 'Paribesh Bachao Andolan' (save the environment movement) moved the High Court seeking a ban on projects undertaken by this company.

The petitioners said that the company had violated the Land Holding (Limitation) Order 1972, which does not allow anyone in Bangladesh to hold more than 33 acres of land.

The limit is 20 acres in case of agricultural land.

But the clearance had been given for their residential project on 43.11 acres of land.

It also said that low-lying lands and drainage basins (flood-flow zones) falls within the project, which also have some canals.

Monday's order means the land developer has to stop all activities of the project, including selling land plots, BELA's counsel Minhazul Haque Chowdhury told the media.

In 2011, Ashiyan Land Developments was fined Tk 5 million by the Department of Environment. The environment ministry, however, reduced the penalty to Tk 500,000 the next year.