SC injunction on Ashiyan City stays

The Appellate Division of the Supreme Court (SC) today extended the injunction issued by it last year on all the activities of Ashiyan Land Development Limited in its Uttara and adjacent projects.

The apex court also allowed a leave to appeal plea against a High Court order that had revoked its earlier order that declared illegal Ashiyan City housing project in aforesaid areas.

A three-member Appellate Division bench headed by Chief Justice Surendra Kumar Sinha passed the order accepting two pleas filed by the state and eight rights groups including Bangladesh Environmental Lawyers Association (BELA) against that High Court review order.

“The court has accepted leave to appeal pleas filed by us and the state against that High Court order. The court also extended the injunction it had issued on the activities of that company in their projects in Uttara and adjacent areas. That means Ashiyan authorities cannot carry out any development activities, sell any plots or advertise for those projects,” said advocate Syeda Rizwana Hasan for BELA.

The apex court also ordered the state and BELA to submit summary of their pleas within four weeks.

The Appellate Division on August 22, 2016, had issued the injunction on all the activities of Ashiyan City, staying a high Court order that had declared the housing projects in suburban Uttara and adjacent areas, legal.

Earlier on August 16, the High Court revoked its earlier order that declared illegal Ashiyan housing projects in those areas.

The project situated in Ashkona and Kawla areas under Dakkhin Khan Police Station was declared illegal on January 16, 2014, following a writ filed by Ain O Salish Kendra, Association for Land Reforms and Development, BELA, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Paribesh Andolon, Institute of Architects Bangladesh, Nijera Kori, and Paribesh Bachao Andolon in 2012.

The writ challenged the approval given by RAJUK and clearance certificate given by Department of Environment to the project, saying as par the Land Holding (Limitation) Order 1972, none can hold more than 33 acres of land. But the clearance had been given for Ashiyan City project on 43.11 acres of land.

Apart from that, some low-lying lands and flood-flow zones and canals come within the project. After holding hearing on the writ, the High Court in 2013 issued a rule in this regard and declared the project illegal in 2014.

Source: BSS