SC upholds HC order to demolish Gulshan Shopping Centre

The Appellate Division of the Supreme Court on Monday upheld a High Court verdict that ordered authorities concerned to demolish the six-storey Gulshan Shopping Centre located in Dhakas Gulshan-1, as the building was found to be risky.

A five-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the order after hearing two separate leave to appeal petitions filed by Zia Yameen, one of the owners of the structure, challenging the HC verdict.

Following a writ petition filed by two companies, Bani Chitra and Chalchchitr, the HC on December 12 last year ordered developer company Shanta Properties Limited to demolish the Gulshan Shopping Complex in 30 days.
Advocate Mostaque Ahmed Chowdhury, a lawyer involved in the case, said that Dhaka North City Corporation sealed the shopping complex on July 13, 2023 as the Fire Service and Civil Defence and Rajuk (Rajdhani Unnayan Kartripakkha) in separate reports said the building was vulnerable.

Senior lawyers Ahsanul Karim and Barrister Mustafizur Rahman Khan appeared on behalf of Zia Yameen while senior lawyer Prabir Niyogi appeared on behalf of Bani Chitra and Film Company. Senior lawyer Sheikh Mohammad Morshed heard on behalf of Shanta Holdings, accompanied by lawyers Mushtaq Ahmed Chowdhury and Khandaker Nazmul Ahsan.

 Senior advocate AM Amin Uddin on behalf of Rajuk and senior advocate Murad Reza on behalf of the shop owners were present in the hearing.

There is no legal bar to demolish the shopping mall following the apex court order, lawyer concerned opined.

In its order, the HC ordered the Dhaka North City Corporation (DNCC), Rajdhani Unnayan Kartipakkha (RAJUK) and others to implement the order.

On July 23, 2023, DNCC sealed Gulshan Shopping Centre, terming it "risky".

Regional Executive Officer and Executive Magistrate Julkar Nayan and Executive Magistrate Mahbub Hasan conducted a mobile court and sealed off the hotels, shops, and business establishments of the six-storey Gulshan Shopping Centre.