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22 December, 2016 12:37:42 AM / LAST MODIFIED: 22 December, 2016 10:21:25 AM
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HC asks Concord Group to hand over 18-storey bldg to orphanage

Staff Reporter
HC asks Concord Group to hand over 18-storey bldg to orphanage

The High Court yesterday (Wednesday) released the full text of the judgement that had in September last year declared as illegal an 18-storey tower, constructed by the Concord Group on a piece of land belonging to the Sir Salimullah Muslim Orphanage, in the capital’s Azimpur area.

After more than a year, the HC released the full verdict directing the Concord Group authorities to hand over possession of the building and other establishments built on the orphanage’s land to the orphanage within 30 days through the Ministry of Social Welfare, after receiving a copy of the verdict.

Otherwise, the ministry will take over possession of the multi-storeyed building by evicting the men of the Concord Group from the property within seven days. Without any failure to take over possession, the ministry will hand over the multi-storeyed building and other establishments to the authorities concerned of the orphanage without delay, according to the copy of the verdict.

In its full verdict, the HC ordered the authorities concerned to immediately constitute an effective managing committee to run the administration and management of the orphanage to protect, maintain and improve the orphanage and its properties.

It also directed the deputy commissioner of Dhaka to take steps against persons, if any, for committing forgery, cheating and abating and purposefully acting beyond the interest of the orphans and the orphanage.

It also ordered the authorities to protect and preserve the properties of the orphanage and to develop those in the interest of the orphanage.

The HC declared as illegal the government’s failure to protect its property leased out in favour of the Sir Salimullah Muslim Orphanage and the transfer of the land to the developer company -- Concord Group -- under the influence of the president and secretary of the orphanage managing committee.

The court also declared as illegal the deeds and power of attorney given by the orphanage president and the secretary to the Concord Group for handing over the land in July 2003 and April 2004.

It said: “The land in question has been leased out to the orphanage by short terms lease vide five lease deeds by the government for the purpose of setting up the orphanage which are not transferable according to the terms and conditions of the lease deeds’.

The HC bench of Justice Mirza Hussain Haider and Justice AKM Zahirul Hoque gave the judgment on September 17 last year after hearing a writ petition filed by four students of the orphanage, seeking necessary orders for protecting and preserving its properties.

Human Rights and Peace for Bangladesh, a human rights organisation, later on became a party to the petition.

Advocate Manzill Murshid, counsel for the petitioner, told The Independent that there is no legal bar for the authorities to execute the HC directives, if the Appellate Division of the SC does not stay the HC verdict.

He, however, said the Concord Group can file an appeal before the Appellate Division challenging the HC verdict.

In response to a query, he said the authorities have to hand over possession of the tower to the orphanage within 30 days.

In 1909, Sir Salimullah built the orphanage in the Azimpur area. Later, the government leased some land to the orphanage authorities for expansion.

 

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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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