IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 9743 of 2013 And

Writ Petition No. 2340 of 2017

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

In the matter of:

Shah Nadir Uddin Ahmed and others

Petitioners(In W.P.No.9743/2013). Tropical Homes Limited

Petitioner(In W.P.No.2340/2017). -Versus-

Rajdhani Unnayan Kartipakkha, represented by the Chairman, RAJUK Bhaban, Motijheel, Dhaka and others,

Respondents(In both writ petitions). Mr. Mohammad Ali Azam, Advocate,

For petitioners (In W.P.No.9743/2013).

Mr. Sherder Abul Hossain, Advocate with Mr. Suvash Chandra Tarafder, Advocate

For petitioner(In W.P.No.2340/2017). Mr. K.M. Saifuddin Ahmed, Advocate with

Mr. Md. Abdul Malek, Advocate

For respondent Nos.1 and 2(In W.P.No.9743/2013).

Mr. Sherder Abul Hossain, Advocate with Mr. Suvash Chandra Tarafder, Advocate

For respondent No.4 (In W.P.No.9743/2013).

Mr. K.M. Saifuddin Ahmed, Advocate with Mr. Md. Qamrul Islam, Advocate and

Ms. Shahida Akhter, Advocate

For respondent No.1 (In W.P.No.2340/2017). Mr. Mohammad Ali Azam, Advocate with

Mr. Ali Ahsan Mullah, Advocate

For respondent Nos.3-9 (In W.P.No.2340/2017).

Judgment on: 23.01.2024

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

Md. Khasruzzaman, J:

In both the writ petitions, the subject matter and point of law involved are same and the parties are also same. As such,

both the writ petitions are taken up together for hearing and are being disposed of by this single judgment.

In Writ Petition No. 9743 of 2013, on 18.02.2014 the Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the respondent Nos. 1-3 should not be directed to take action against the respondent No.4 in respect of illegal construction of building made in the land of C.S. Plot No. 683(Part), Modhya Badda, Police Station- Gulshan, Dhaka-1212 and/or pass such other or further order or orders as to this Court may seem fit and proper.”

In Writ Petition No. 2340 of 2017, on 20.02.2017 the Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why action of the respondent Nos. 1 and 2 threatening to demolish the building of the petitioner being Tropical Molla Tower, Sha-15/1, Middle Badda, Pragati Swarani, Dhaka- 1212 issued by the respondent No.2 (Annexure-C) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent Nos. 1 and 2 should not be directed to dispose of the petitioner’s application dated 19.02.2017 as per section 3B(5) of the Building Construction Act, 1952 (Annexure-E) and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Facts as stated in Writ Petition No. 9743 of 2013, in short, are that the petitioners are the owners of House No. Sha-13 appertaining to Plot No.1481 and Khatian No. 2840 of

Madhya Badda, Gulshan, Dhaka. Md. Wahab Mollah and three others as owners of contiguous land of House No. Sha- 15 appertaining to Plot No.683 (Part) of Madhya Badda, Gulshan, Dhaka has entered into an agreement with respondent No.4, Tropical Homes Limited, for constructing of a multi-storied building. As per the agreement, the respondent No.4 started construction in the land which is situated on the northern side of the petitioners land. In making construction, the respondent No. 4 has kept open space measuring 0.88 meter instead of 3.0 meters as required by the Building Construction Rules, 2008. So, the respondent No.4 in violation of the Building Construction Rules is continuing with the illegal construction and as such, the petitioners being the contiguous land owners have been seriously affected by such illegal construction. In such circumstances, on 27.08.2012 the petitioners made a representatio