HC asks RAJUK-GAJUK to rectify ten-story apartment flaws
Staff Reporter :
In a landmark verdict, the High Court Division of the Supreme Court has directed RAJUK and GAJUK to jointly rectify serious violations in the construction of a 10-story apartment building in Gazipur’s Hakkani Housing Society, ensuring compliance with the originally approved building plan within six months.
The ruling came on May 22, in response to Writ Petition No. 114 of 2024 filed by Monowara Begum, a landowner and resident of the building known as “FKS Mouhar.”
The court also ordered that developer Jasmine Builders Ltd. must provide temporary accommodation or pay suitable rent if the petitioner or any other resident is required to vacate the premises during repairs.
The writ petition raised grave concerns about unauthorised modifications by the developer, which were later validated by an official RAJUK investigation report.
The court found multiple significant deviations from the approved building plan, including: Closure of essential void spaces on all floors, absence of emergency exits, improper stairway dimensions, with only one staircase constructed instead of two , deviation of boundary walls from their sanctioned layout.
After a thorough review, the High Court issued the following directives:
1. RAJUK (Rajdhani Unnayan Kartripakkha) and GAJUK (Gazipur Unnayan Kartripakkha) are to bring the building into full compliance within six months and submit a compliance report to the appropriate court.
2. If repair work necessitates relocation, Jasmine Builders Ltd. must provide suitable alternative accommodation or rental support to affected residents.
The petitioner was represented by Senior Advocate Abdur Razzaq Khan, Barrister Md. Towfiqul Islam Khan, Advocate Hasan Mahamud Khan, and Advocate Zahir. The respondents – including the developer and planning authorities – were represented by Senior Advocate Zainal Abedin and Advocate Nadim.
Reacting to the verdict, Monowara Begum said: “We are hopeful that this judgment will finally bring the building in line with the approved plan and ensure the safety and dignity of all residents.”
Throughout the hearings, the petitioner also raised broader allegations against Jasmine Builders Ltd., accusing them of harassment, political manipulation, and fraudulent activities. Monowara alleged that:
The developer harassed her family and used false cases to intimidate them. Her son was wrongfully imprisoned through a fabricated legal complaint. A biased apartment committee was formed excluding landowners. Local authorities and influential political figures were used to obstruct justice.
She described years of mental distress, recounting how the dream of a peaceful garden home turned into a nightmare of legal battles and unsafe living conditions. Irregularities in gas and parking allotments, deviation from the layout, and land ownership disputes added to her family’s suffering.
“We never wanted to go to court,” said Monowara. “But when every avenue failed, we were left with no choice. I thank the court for finally hearing our plea and ensuring justice.”
The High Court’s order is seen as a major step toward holding developers accountable and upholding building safety standards.
Legal experts suggest the ruling could set an important precedent in addressing unauthorised constructions and protecting the rights of landowners and residents.