IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 15971 of 2022

In the matter of:

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

AND

In the matter of:

Md. Anwar Hossain

………… Petitioner.

-Versus-

Chairman, Rajdhani Unnayan Kartipakkha (RAJUK), RAJUK Bhaban, Dhaka and others,

........ Respondents.

Mr. Mohammad Mahabubur Rahman Kishore, with Mr. S.M. Rifaz Uddin, Advocates,

…...For the petitioner. Mr. A.M.Aminuddin, Senior Advocate with

Mr. Minhazul Hoque Chowdhury, Advocate

.......For respondent No.7. Mr. Bepul Bagmar, D.A.G.

.......For respondent No.6. Mr. Md. Imam Hasan, Advocate with

Mr. Md. Shahinul Islam, Advocate

......For respondent No.1.

Judgment on: 13.03.2024

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J:

In an application under article 102 of the Constitution, 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 impugned decision dated 11.05.2022 passed by the Appellate Sub-Committee and Appeal Authority, Rajdhani Unnayan Kartipakkha (RAJUK), Dhaka in the appeal

filed by the petitioner on 30.07.2017 under section 15 of the Building Construction Act, 1952 (Annexure-F) in pursuance to the final notice being Memo No. ivRDK/D:b:A:A:5/25.39.116.32.133.16/509 ¯’v: dated 22.08.2016 issued by the authorized officer-58, Plan Approved Unit of Rajdhani Unnayan Kartipakkha (RAJUK), Dhaka (Annexure-D) directing the petitioner to demolish the deviation part of the petitioner’s 7(seven) storied constructed building on the land being Holding No.55/2, Enayetganj Lane, Hajaribagh, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.”

At the time of issuance of the above quoted Rule Nisi, the parties were directed to maintain status-quo in respect of construction of building for a period of 06(six) months which was subsequently extended for a further period of 06(six) months vide order dated 26.06.2023.

Facts as stated in the writ petition, in short, are that the petitioner got his plan approved from the Rajdhani Unnayan Kartipakkha (RAJUK) on 13.11.2001 and accordingly, constructed 07(seven) storied residential building being Holding No.55/2, Enayetganj Lane, Hazaribag, Dhaka appertaining to S.A. Khatian No.662, S.A. Plot No.1478, R.S.

Khatian No.236, R.S. Plot No.3727, Dhaka City Survey Khatian No.337 and Dhaka City Survey Plot No.2899 measuring .0360 ajutangsha of land vide Annexures-B and B- 1 to the writ petition. But the respondent No.3, without considering his approved plan, issued notice to show cause vide Memo No. ivRDK/bAA 5/25.39.0000.116.32.133.16/473 ¯’v: dated 14.08.2016 asking the petitioner to show cause as to why he shall not be directed to dismantle the deviated part of his building vide Annexure-C to the writ petition. The petitioner did not give any reply to the said show cause notice dated 14.08.2016. It is stated in the writ petition that the said notice is arbitrary and without any lawful basis and the notice was issued at the instance of a vested quarter to harass the petitioner. The respondent No.3, without considering his approved plan again issued final show cause notice under Memo No. ivRDK/D: b: A: A: -5/25.39.0000.116.32.133.16/509 ¯’v: dated 22.08.2016 directing the petitioner to dismantle the deviated part of his building within 07(seven) days vide Annexure-D to the writ petition.

In such circumstances, the petitioner earlier had challenged the said final notice dated 22.08.2016 by filing Writ Petition No. 2750 of 2017 and obtained Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondent Nos. 1-2 to show cause as to why the impugned Memo No. ivRDK/D:b:A:A:5/25.39.0000.116.32.133.16/509