HC rejects plea for halting Jamuna Future Park demolition
No bar to breaking unauthorized floors, says Rajuk lawyer
Dhaka, Feb 3 (UNB) - The Rajuk notice for demolishing within a week four unauthorized floors of Jamuna Future Park, an imposing ten-storied shopping complex in the capital, stands valid as the High Court Wednesday summarily rejected the owners’ writ petition.
“The petition is summarily rejected as it is not maintainable and there are some disputed questions of fact in the application,” says the court order.
It further observed that there is an appellate authority for considering the appeal against the notice of Rajdhani Unnayan Kartripakkha (Rajuk), but the petitioner has not appealed to the appellate authority of the Rajuk.
Before passing the order, a division bench comprising Justice AHM Shamsuddin Chowdhury and Justice Borhan Uddin heard both the sides.
On January 13, Rajuk served the notice to the JFP authorities having asked them to pull down the unauthorized top four floors of the magnificent shopping complex within seven days, as it had got approval for constructing a six-story building but built it higher in breach of the rules.
Shortly after receiving the Rajuk summons, the JFP authorities moved to the High Court with a writ petition challenging the validity of the notice. Finally, the big business group lost the legal battle.
Emerging from the court, AFM Mesbahuddin, the counsel for Rajuk, told reporters that following the HC order the Rajuk notice stands valid and “there is no bar to demolishing the unauthorized floors of the shopping complex”.
Barrister Rafique-ul Huq appeared for Jamuna Future Park shopping complex, while Attorney-General Mahbubey Alam stood for the government side.
“The petition is summarily rejected as it is not maintainable and there are some disputed questions of fact in the application,” says the court order.
It further observed that there is an appellate authority for considering the appeal against the notice of Rajdhani Unnayan Kartripakkha (Rajuk), but the petitioner has not appealed to the appellate authority of the Rajuk.
Before passing the order, a division bench comprising Justice AHM Shamsuddin Chowdhury and Justice Borhan Uddin heard both the sides.
On January 13, Rajuk served the notice to the JFP authorities having asked them to pull down the unauthorized top four floors of the magnificent shopping complex within seven days, as it had got approval for constructing a six-story building but built it higher in breach of the rules.
Shortly after receiving the Rajuk summons, the JFP authorities moved to the High Court with a writ petition challenging the validity of the notice. Finally, the big business group lost the legal battle.
Emerging from the court, AFM Mesbahuddin, the counsel for Rajuk, told reporters that following the HC order the Rajuk notice stands valid and “there is no bar to demolishing the unauthorized floors of the shopping complex”.
Barrister Rafique-ul Huq appeared for Jamuna Future Park shopping complex, while Attorney-General Mahbubey Alam stood for the government side.
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