Civil Aviation Rules, 1984
Rules 1(3), 11, 167, 267
Building Construct Act, 1952
Section 3, 9
Building Construction Rules, 1996
Rule 26 r/w
Constitution of Bangladesh, 1972
Article 141B
In the public interest the height of the building should be reduced to the permissible height under the Civil Aviation Rules, 1984— It is to be noted here that a high-rise building near or around the runway is definitely poses a serious aviation hazard and accordingly, the law has provided that any such building in the way or in the vicinity must not be beyond 60′ feet so as to affect smooth taking off and/or landing, otherwise, the consequence would be catastrophic. The above fact necessitates the Authority to exercise the only option to cancel the Building plan of ‘Rangs Bhaban’ beyond the permissible limit.
The plan was issued in favour of the writ-petitioners in clear violation of its own rules and the Civil Aviation Rules, 1984 and for that reasons as aforesaid the approved plan for construction of the concerned building upto the 22nd storied beyond the permissible the 6th floor as passed by RAJUK is declared without any lawful authority and as such, the same was of no legal effect. Accordingly, Appellate Division maintains the order of cancellation of the approved plan by RAJUK dated 21.06.1999 as a valid order so far above the permissible 6th floor limit. The impugned judgment and order of the High Court Division maintaining the approval of the Building plan to the extent above the permissible 6th floor is not sustainable in law and as such, the same above the 6th floor is set aside. .....RAJUK =VS= A. Rouf Chowdhury, (Civil), 2025(1) [18 LM (AD) 493] ....View Full Judgment

Building Construction Act
Building Construction Rules, 1998
Civil Aviation Rules, 1984
It is clear that the respondent has been refused sanction/approval by the appellants in constructing 20-storied building on the land of the Bangladesh Red Crescent Society is not based on any prohibitory law. Rather the same is arbitrary. The respondent herein has been discriminated in allowing/ according permission to construct the 20-storied building as prayed for. Hence the respondent herein being discriminated the principle of natural justice has been violated. In the absence of any such provision of law and on the face of allowing others to construct buildings above 20-storied, we are of the view that the appellants acted arbitrarily in refusing the present respondent to construct its planed 20-storied building, which RAJUK the concerned authority, of sanctioning such plan has already approved by the Building Construction Committee of RAJUK. Hence Appellate Division does not find any substance in this appeal. .....Civil Aviation Authority of Bangladesh =VS= Borak Real Estate (Pvt) Ltd. , (Civil), 2022(2) [13 LM (AD) 35] ....View Full Judgment

Thus it is clear that the respondent has been refused sanction/approval by the appellants in constructing 20 storied building on the land of the Bangladesh Red Crescent Society is not based on any prohibitory law. Rather the same is arbitrary. The respondent herein has been discriminated in allowing/according permission to construct the 20 storied building as prayed for. Hence the respondent herein being discriminated the principle of natural justice has been violated. Civil Aviation Authority vs. Borak Real Estate (PVT) Limited (Mirza Hussain Haider J) (Civil) 15 ADC 50.