Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Building Construction Rules, 1996
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Rule 3(I)

The “Joladhar” Ain, 2000”
Section 5 r/w
The Environment Conservation Act 1995
Sections “6 Uma” and 12 r/w
The Building Construction Rules, 1996
Rule 3(I)
We have no hesitation to hold that the BGMEA building complex has been constructed by the petitioner illegally in violation of all the laws of the land which cannot stay upright rather the same deserves to be demolished at once– The petitioner is directed to demolish the building namely, “BGMEA Complex” situated on the water body of “Begunbari khal” and “Hatirjheel lake” at once, at its own costs, in default the RAJUK is directed to demolish the same within 90 days from the date of receipt of this judgment and realize the entire demolition costs from the petitioner, BGMEA. .....Bangladesh Garments Manufacturers and Exporters Association (BGMEA) =VS= Government of Bangladesh & others, (Civil), 2016-[1 LM (AD) 142] ....View Full Judgment

Bangladesh Garments Manufacturers and Exporters Association (BGMEA) =VS= Government of Bangladesh & others 1 LM (AD) 142
Rule 12

Sub-rule (1) of rule 12 of Building Construction Rules provides that if the width of a road is between 4.55 metres to 7.59 metres the highest height of the building cannot be above 18.50 metres. The particular pieces of plot are on a road only 12 feet wide. The 50 feet wide Elephant Road is not adjacent to either of the proposed buildings. Therefore, the High Court Division was right in making the Rule absolute.
Rajdhani Unnayan Kartripakkha vs Feroz U Haider and others 8 BLC (AD) 145.

Rajdhani Unnayan Kartripakkha vs Feroz U Haider and others 8 BLC (AD) 145
Building Construction Rules

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

Civil Aviation Authority of Bangladesh =VS= Borak Real Estate (Pvt) Ltd. 13 LM (AD) 35