BGMEA gets another year to demolish building
STAFF REPORTER
The Appellate Division of the Supreme Court (SC) yesterday granted one year and ten days time to the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) to demolish its 15-storey building, which had been constructed illegally in Dhakas Hatirjheel area.
The four-member bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, passed the order after the BGMEA signed an undertaking in line with the apex court order. Before passing the order, the Chief Justice (CJ) said you (BGMEA) sought one year time for demolishing your building. We are giving you more than one year as you have received 12 months and 10 days. Make sure our orders are implemented within the deadline, the CJ said. The apex court added that it would not extend the deadline any further.
Following the apex court order, the new deadline will considered to be April 12, 2019, which means the BGMEA will have to demolish the building by April 12 next year. In its undertaking, the BGMEA authorities said they would not seek further time to demolish the illegal structure.
It also said that the BGMEA would comply with its earlier order to demolish the building by April 12 next year.
The BGMEA will bear the liability for any failure to demolish its illegal structure on the Hatirjheel Lake within the extended deadline, according to the undertaking submitted by the BGMEA.
The BGMEA building was constructed in the Hatirjheel area in 2006 in violation of the Wetlands Protection Act.
The BGMEA did not demolish its illegal building within a period of 90 days from April 3, 2011, as directed by the High Court Division.
In 2016, the Appellate Division directed the Rajdhani Unnayan Kartripakhkhya (RAJUK) to demolish BGMEA Building and realise the costs of demolition from BGMEA if it failed to do so within 90 days.
Since March 12, 2017, the Appellate Division has twice extended the deadline for the demolition, once for six months and again for seven months. Such extensions of the deadlines by the Appellate Division even after the rejection of the review petition was unprecedented, the lawyer concerned observed.
The BGMEA had missed both the extended deadlines set by the Appellate Division. However, the BGMEA sought a years extension to demolish its building.
On March 27, during the hearing on the BGMEA petition, the apex court had expressed serious discontent over its repeated pleas for time extension and asked the BGMEA to submit an undertaking to obtain a further one-year extension of the deadline for demolishing its building.
According to the court directive, the BGMEA submitted an undertaking before the apex court, saying it would not seek further extension of the deadline to demolish the building. After hearing the petition, the apex court yesterday issued time for a year and 10 days, asking the BGMEA to make sure the SC order is implemented within the deadline.
Advocate Kamrul Haque Siddiqui moved for the BGMEA with the assistance of barrister Imtiaz Moinul Islam. Amicus curiae Advocate Manzill Murshid was present during the court proceedings.
MK
