Government Building Act, 1899
Section 3
Constitution of Bangladesh, 1972
Article 24, 27, 31 and 32
Town Improvement Act, 1953
Building Construction Act, 1952
(মহানগরী, বিভাগীয় শহর ও জেলা শহরের পৌর এলাকাসহ দেশের সকল পৌর এলাকার খেলার মাঠ, উন্মুক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলাধার সংরক্ষণের জন্য প্রণীত আইন, ২০০০)
State necessity–– Construction of the residences for the Speaker and the Deputy Speaker–– The said residences are not meant for an individual person, but for the Speaker and the Deputy Speaker who uphold a unique position under the Constitution of our country and in the said way the impugned project is being implemented for the public interest being the same is a state necessity–– It appears that the said construction of residences of the Speaker and the Deputy Speaker being for the public purpose in the government land is exempted from complying with provisions of other municipal laws. Therefore, the Town Improvement Act, 1953 and the Building Construction Act, 1952 have no relevance with the construction of the residences for the Speaker and the Deputy Speaker which are being constructed on Government’s own land after obtaining clearances from the Department of Architecture and on approval of the Prime Minister, the Chief Executive of the Government as per approved plan. But the High Court Division committed error of law failing to appreciate the said matter. ––It also deserves to mention here that the writ petitioners obtained Rule and an order of stay of the operation of any further construction of the impugned project in the High Court Division in Writ Petition No.3548 of 2003 on 18.05.2003. Against the order dated 18.05.2003 and 21.07.2003 passed by the High Court Division the writ respondents-appellants preferred Civil Petition for Leave to Appeal before this Division and obtained stay operation of the said orders till disposal of the Writ Petition. During the subsistence of stay order from this Division 100% of the construction work of the residential building for the Speaker and the Deputy Speaker has been completed. But the High Court Division without taking notice of the said completion of the construction work made the Rule absolute by the impugned judgment and order dated 21.06.2004 for which the interference by this Division is warranted. .....Bangladesh =VS= Bangladesh Paribesh Andolon (BAPA), (Civil), 2022(2) [13 LM (AD) 496] ....View Full Judgment