Contractor defies HC order on Hatirjheel-Panthakunja expressway work
High Court had banned all construction work as part of the writ filed on 10 September
The contractor for the Dhaka Elevated Expressway project has continued construction in the Hatirjheel and Panthakunja areas, defying a High Court order to halt the work.
Environmentalists and lawyers expressed concern over the violation while project authorities claimed they had not received any official notice, but stopped work yesterday morning after being informed of the court's decision.
On 10 September, a High Court bench comprising Justice Md Mozibur Rahman Miah and Justice Biswajit Debnath ordered a ban on construction in parts of Hatirjheel and Panthakunja Park, adjacent to Hotel Sonargaon, and directed that the park be kept open for public use. The ruling came in response to a public interest writ petition by environmental activists.
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The Supreme Court on 17 September upheld, for the time being, the High Court order. Chamber Judge Justice Md Rezaul Haque of the Appellate Division, however, asked the government to file a leave-to-appeal petition against the HC order.
Supreme Court lawyer Barrister Jyotirmoy Barua, who represented the writ in court on behalf of the petitioners, criticised the continuation of work.
Yesterday, he said, "Ignoring the High Court order to halt construction at Hatirjheel and Panthakunja Park constitutes contempt of court. Previously, the High Court had prohibited construction in the Hatirjheel reservoir area during the BGMEA building demolition.
"Orders were also issued to protect Panthakunja Park. Destroying these areas to build an elevated expressway, which descends into the densely populated Palashi area, is not sustainable planning."
Work continued despite ban
Work on the elevated expressway reportedly resumed last week after a long hiatus caused by protests from environmental groups. The contractor brought a new crane to the Panthakunja Park area, and yesterday morning, this TBS reporter observed approximately 15 workers removing soil and tying rods to create new structures.
A worker, who spoke to TBS on the condition of anonymity, said yesterday evening, "We have been working here for the past week. We have placed large cement blocks on the ground for the crane to move. However, the company has asked us to stop work for the time being after noon."
Amirul Rajiv, a coordinator at the Bangladesh Tree Protection Movement, stated that the High Court had banned all construction work as part of the writ filed on 10 September. He said that continuing the work while claiming not to have received an official letter was a "heinous lie and contempt of court."
What authorities say
AHMS Aktar, project director of the Dhaka Elevated Expressway Project, told TBS, "We have not yet received a copy of the court order. After being informed about it on Sunday morning, we instructed the contractor to stop work. Construction in this section will remain suspended until further notice."
Environmental concerns
The writ petition was filed by nine petitioners, including Anu Muhammad, Giti Ara Nasreen, Adil Muhammad Khan, Samina Luthfa, writer Firoz Ahmed, researcher Pavel Partha, lawyer Mahbubul Alam Tahin, and Bangladesh Tree Protection Movement coordinators Nayeem Ul Hasan and Amirul Rajiv.
They argued that the project has already caused environmental damage to Hatirjheel and Panthakunja Park.
The petitioners warned that continuing the project would severely impact traffic and the environment in areas such as Kathalbagan, Katabon, Nilkhet, Palashi, Dhaka University, and the Bangladesh University of Engineering and Technology.
Yesterday, they sent a letter to the Executive Director and Secretary of the Bangladesh Bridge Authority, urging the authorities to comply with the High Court order.
