Case Study 2:
Compliance of Environmental Laws are needed during Construction Projects

Introduction:

In the case of, Professor Dr. A.F.M. Masud and another vs. The Secretary, Ministry of Housing & Public Works, Bangladesh Secretariat, Shahbag, Dhaka and others, being Writ Petition No. 1058 of 2011, emphasized on environmental protection and residential planning over commercial and industrial growth while doing urban development by enforcing accountability through public interest litigation. The case envisaged that following of environmental law is one of the requirements while constructing infrastructures.

Brief Fact:

The Dhanmondi area of Dhaka was developed as a residential area in the 1950s. The Petitioners were the President and Secretary of Dhanmondi Residential Area Welfare Society, filed a case in order to protect the character of Dhanmondi Residential Area and to stop commercial operation within the residential area.

Observation of the Court:

The court observed illegal commercial operation is a widespread issue for the entire Dhanmondi Area. Although the respondents argued that the petitioners had no authority to represent residents of other roads and the fact that the petition targeted only one school. The court justified its reason to treat the case as Public Interest Litigation (PIL) under Article 102 of the Constitution of the People‌‌‍’s Republic of Bangladesh as it involved widespread violation of laws which affected public welfare and environmental quality. Therefore, they stepped in to protect public interest beyond one road which made it a matter of public importance.  Establishing schools, colleges, hospitals, and restaurants operated in residential zones violates the Building Construction Act, 1952 and Rajdhani Unnayan Kartripakkha (RAJUK) approved urban plans and environmental problems.

Direction of the Court:

1. Unauthorized commercial operation/institutions in Dhanmandi Residential Area beyond condonable limits are to be stopped.
2. Where illegal constructions have already taken place beyond the plan approved by RAJUK, it should be nipped in the bud and be demolished immediately.
3. The RAJUK is directed to see whether any illegal construction has taken place, if so, the same should be demolished with prior notice to the occupier giving them six months’ time, so that they can relocate, if necessary.
4. We are aware that the government has taken a decision to allow the lease hold plots of the Dhanmandi Residential Area which are adjacent to the main thoroughfare that abound and/or run through being Green Road, Mirpur Road, Road no.2, Satmasjid Road and Road No.27(Old) to be used for non-residential purposes subject to the permission of the Government, which has to be obtained by the owners of the plots upon payments of conversion fees. The owners of the aforementioned plots will not be affected by this order.
5. Those who have applied before the RAJUK authority prior to filing of this writ petition and their plan has already been approved under the Building Construction Act, 1952 will not be affected by this Order.
6. In respect of Maple Leaf International School, Dhanmondi, House No.44, Road No.11A, Dhanmondi Residential Area, P.S. Dhanmondi, Dhaka Metropolitan Area, we direct the authorities of the Maple Leaf International School to relocate at a convenient place
7. and move its campus within 3 (three) years from the date of receipt of this Judgment.
8. Other educational institutions or commercial establishments running in the Dhanmandi Residential Area without proper approval from RAJUK should relocate themselves as expeditiously as possible.

Analysis:

While drafting a Construction Contract, it is to be noted that, the building/infrastructure layout as well as area where the Construction will take needs to be vetted, otherwise, the Construction project will violate either the environmental laws or building construction guideline.