HC order to remove illegal structures from car parking places defied
Gulam Rabbani :
Many illegal structures have been established by occupying car parking spaces along the streets in Dhaka city. These illegal structures especially shops on the roadside and encroachment of road spaces by the shop owners are causing the promotion of unwanted traffic jam in the city.
Following a writ petition, the High Court on July 3 in 2019 directed the government bodies concerned to take steps for removal of all unauthorized structures from the car parking places in Dhaka city.
The court asked the Rajdhani Unnayan Kartripakkha (Rajuk) to issue a public notice so that the owners of the illegal structures remove their establishments in parking areas within a month.
The High Court bench of Justice Gobinda Chandra Tagore and Justice
Mohammad Ullah delivered the verdict after hearing the writ petition filed by a rights organization, Human Rights and Peace for Bangladesh (HRPB).
Rajuk was asked to circulate the notice in two widely circulated daily Bengali newspapers as well as in one English newspaper immediately and the authorized officers of Rajuk would inform the owners of the land and buildings about the said public notice by publicities (miking) in the concerned areas, as per the court order.
If the owners do not remove the unauthorized structures within the deadline, the authorities concerned of the government will remove, demolish, or dismantle all such unauthorized constructions, occupations or uses in the car parking spaces of the concerned buildings within next six months, the court also said.
The High Court directed the Rajuk, Dhaka North and South City Corporations and Dhaka Metropolitan Police (DMP) to submit progress report in every three months. The HC also asked the authorities concerned to take legal action against those who constructed the unauthorized structures and to realize the demolition cost from them.
However, the respondents of the government didn’t comply with the court asking even in last three and half years. In this circumstance, the writ petitioners filed a contempt of court petition with the High Court.
Upon hearing the petition, the High Court on February 7 issued a contempt of court rule against the Mayors of two city corporations in Dhaka and Rajuk Chairman for not implementing its directives over removing unauthorized structures from the roadside car parking spaces.
In the rule, the HC wanted to know from the respondents to explain in four weeks as to why a contempt of court proceeding should not be initiated against them for not complying with its order delivered in July 2019.
Dhaka South City Corporation (DSCC) Mayor Sheikh Fazle Noor Taposh, Dhaka North City Corporation (BNCC) Mayor Md Atiqul Islam and Chairman of Rajdhani Unnayan Kartripakkha (Rajuk) Md Anisur Rahman Miah were asked to comply with the rule.
Lawyer Manzill Murshid who appeared in the court hearing for the writ petitioner said the concerned government bodies didn’t take any step to remove unauthorized structures from the car parking places despite court order. The contempt rule may come for hearing after the ongoing vacation of the Supreme Court, added the lawyer.
