Stop unauthorised commercial set-ups

The Supreme Court yesterday upheld a High Court verdict that had directed the authorities to stop unauthorised commercial activities in the capital's Dhanmondi to protect its residential character and environment.

It, however, allowed the Maple Leaf International School to operate any one of its 12 branches in Dhanmondi. The rest should be relocated, according to the SC verdict.

A four-member bench of the Appellate Division headed by Justice Md Abdul Wahhab Miah dismissed two leave-to-appeal petitions that challenged the HC verdict. One of the petitions was filed by Maple Leaf.

Responding to a writ petition, the HC in June 2012 ordered the removal of commercial entities from Dhanmondi, saying operations of such institutions were illegal in the residential area. 

It also asked Maple Leaf to relocate its all 12 branches from Dhanmondi within the next three years.

The HC, however, said the judgment would not hamper the business of authorised commercial establishments at the Mirpur Road, Satmasjid Road, Dhanmondi-2 and Dhanmondi-27 areas since those had already been declared to be commercial areas.

Writ petitioners' lawyer Manzill Murshid told The Daily Star that the Rajdhani Unnayan Kartripakkha (Rajuk) and other government bodies concerned have to stop commercial activities in Dhanmondi immediately to comply with the SC order.

While doing so, he added, the buildings and structures where commercial operations have been going on need not be demolished or removed.

Maple Leaf has to close or shift 11 of its 12 branches from Dhanmondi immediately, as three years' time given by the HC is over, the lawyer said.

The English-medium school's lawyer Mohammad Abul Bashar, however, told The Daily Star that the school has to shift only one branch located at road no 11/A, Dhanmondi.

He said the apex court dismissed his client's leave-to-appeal petition as he prayed to the court to dismiss it “as being not pressed” meaning that it was not submitted.  

The lawyer said he had moved the prayer in the interest of his client.

Maple Leaf filed the leave-to-appeal petition, saying that it was working in public interest, as several hundred children were studying there. 

The SC dismissed another leave-to-appeal petition filed by the Dhaka South City Corporation on the grounds of “time barred (the petition was not filed in due time)”.

The DSCC in the petition said it was not obliged to implement the HC verdict, Murshid said.      

The HC delivered the verdict after hearing on a writ petition jointly filed by MA Masud, president of the Dhanmondi Residential Welfare Association, and MA Matin Chowdhury, general secretary of the association, seeking necessary orders for protecting the residential character of the area.