Full verdict published
HC asks Concord to handover Azimpur building to orphanage
Declaring illegal the construction of the 18-storied building on the land of Sir Salimullah Muslim Orphanage in capital's Azimpur, the High Court has asked the real estate company Concord to handover it to the orphanage within 30 days.
The HC on Wednesday released the full text of the verdict with the instructions signed by Justice Mirza Hussain Haider and Justice AKM Zahirul Hoque.
Petitioner's lawyer Manzil Murshid confirmed the matter to the media.
He said it was said in the full verdict that the 18-storied building has to be handed over to Sir Salimullah Muslim Orphanage within 30 days.
Earlier, on September 17, 2015, the High Court confiscated an 18-storied building constructed by Concord Group and ordered to hand it over to Sir Salimullah Muslim Orphanage as the structure was built illegally on the land of the orphanage at Azimpur in the city.
An HC bench comprising Justice Mirza Hussain Haider and Justice AKM Zahirul Hoque came up with the judgment after hearing a writ petition filed by four students of the orphanage.
As per the directives of the court, the Concord Group authorities will have to hand over the possession of the building and other properties built on the land to the orphanage in 30 days.
The HC ruled that if the Concord Group does not handover the ownership of the structures in 30 days, the government will take over the possession on behalf of the orphanage.
It also asked the government authorities to protect and preserve the properties of the orphanage and to develop them in the interest of the orphanage, petitioner's lawyer Manzill Murshid told reporters.
Set up in 1909, Sir Salimullah Muslim Orphanage has been operating by taking land on lease from the government.
The writ petition said the then acting president of the orphanage Begum Shamsunnahar and secretary GA Khan handed over the two bighas (0.80104712 acres) of land to Concord on July 22, 2003.
The HC in the order said the document pertaining to handover and that of the power of attorney given on Apr 13, 2004 were 'not maintainable and void from the beginning.'
Referring to the contract of the lease, petitioner's lawyer Manzill Murshid said the land was not supposed to be used for any purpose not related to the orphanage.
He said the court also ordered authorities to develop the complex, if necessary.
The petition was filed in 2013. Human Rights and Peace for Bangladesh was later made a party to the case.
The HC on February 11 that year issued a rule and halted the construction of the complex.
In the rule, the court had asked why the respondents' inaction to preserve the asset of the orphanage should not be declared illegal.