Rule 3(I)
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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
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Bangladesh Garments Manufacturers and Exporters Association (BGMEA) =VS= Government of Bangladesh & others |
1 LM (AD) 142 |
Rule 12
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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.
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Rajdhani Unnayan Kartripakkha vs Feroz U Haider and others |
8 BLC (AD) 145 |
Building Construction Rules
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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
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Civil Aviation Authority of Bangladesh =VS= Borak Real Estate (Pvt) Ltd. |
13 LM (AD) 35 |