The New Nation - Internet Edition

Sheikh Arif Bulbon

Although it is required by the law, the government agencies hardly ever obtain planning and design approval from the Rajdhani Unnayan Kartripakkha (RAJUK) for construction of buildings.

Any private or government organisations or individuals have to obtain this approval before construction of buildings. But the RAJUK Chairman KAM Haroon said that it is a common practice of the government agencies that they do not apply for such permission.

He said, "None of the government buildings has design approval from the RAJUK. But the government has no plan yet to take legal actions against such buildings." The Town Improvement (TI) Act of 1953 requires agencies or individuals to obtain planning approval (land use clearance) and the Building Construction (BC) Act of 1952 asks builders to obtain construction approval from the RAJUK.

Moreover, through an amendment to the BC Act in 1987, it was made mandatory for buildings of any government or private organisation to obtain building approval with only exception in the Cantonment Area for security and strategic reasons.

The Public Works Department (PWD) is now implementing a scheme to build 17 buildings in Nakhalpara area in the city. None of the six-storey buildings, now under construction, has either planning or construction approval from the RAJUK.

The Public Works Ministry is the guardian of both the said laws on building rules and codes under the BC Act.

Meanwhile, the RAJUK in recent times has been very active in taking strict actions against the unauthorised private buildings and punishing the delinquent building owners. One example is the 15-storey BGMEA building built on the Begunbari canal area without building approval.

RAJUK served several notices with financial penalty and asked for partial demolition of the building. BGMEA paid the approval fees at the penalty rate but the matter is still unsettled.

Prof Nazrul Islam, an urban expert, said the government agencies also have to obtain building approval as per the existing law. But certain organisations like PWD that has engineering division of their own, may be exempted from the legal obligation only in respect of construction of a building.

"But all must obtain planning approval from RAJUK. Otherwise, it will create problem with the city's proper planning and environment," he said.

In addition to the TI Act and BC acts, Bangladesh National Building Code (BNBC) also requires approval from a RAJUK official for the construction of a building.

According to the BNBC, professionals including civil engineers, architects and planners involved with any construction work will remain legally liable and answerable for any lapses in discharging their professional responsibility.

The Building Construction Act of 1952, through amendment in February 2006, clearly provides for penalty for the violators of the building codes and rules.

It provides that whoever commits an offence by breaking the provision of Section No 3 of the Act or by failing to fulfil any of the directions given by an authorised officer or a committee under relevant sections shall be punishable under this section with fine no less than Tk 50,000 or both.

Meanwhile, a PWD official said that they just play the role of a builder.

ASM Ismail, Chief Architect of the Department of Architecture, said that the department prepares architectural design of any project in compliance with the existing planning rules and building code.

"Approval of planning and structural designs are obtained by organisations or individuals for their own interest for the construction of a building," he said.