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.