High-Rise on Orphanage Land: Concord must hand it over in 30 days: HC

The High Court yesterday released the full text of its judgment that ordered confiscation of Concord Group's 18-storey tower on government land leased to Sir Salimullah Muslim Orphanage in the capital's Azimpur. 

Concord has to hand over the building, through the social welfare ministry, to the orphanage in 30 days after it receives the judgment copy, the court said. Otherwise, the ministry will take over the possession and property of the multi-storey building within seven days without any fail and hand it over to the orphanage.

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The verdict delivered in September last year also directed the government authorities to immediately constitute an effective managing committee to run the administration and management of the orphanage and to protect, maintain and improve it and its properties.

The HC declared illegal the government's inaction to protect its property leased out to the orphanage and the transfer of the land to the developer under the influence of the president and secretary of the orphanage's managing committee.

The deeds and power of attorney given by the president and secretary to Concord Group in July 2003 and April 2004 are illegal, according to the full judgment.

The court asked the deputy commissioner of Dhaka to take action against the people who had committed forgery and cheating and purposefully acted beyond the interests of the orphanage and orphans living there.

“The land in question has been leased out to the orphanage by short terms lease vide five lease deeds by the government for the purpose of setting up the orphanage, which are not transferable according to the terms and conditions of the lease deeds,” it said.

An HC bench of Justice Mirza Hussain Haider and Justice AKM Zahirul Hoque delivered the judgment last year after hearing on a writ petition filed by four students of the orphanage seeking necessary orders to protect and preserve its properties.

Human Rights and Peace for Bangladesh later on became a party to the petition.

Writ petitioners' counsel Manzill Murshid told The Daily Star that there is no legal bar for the authorities to execute the HC directives if the Appellate Division does not stay the HC verdict.

He, however, said Concord Group could challenge the HC verdict.  

Meanwhile, barrister Aneek R Haque, lawyer for superintendent and general members of the managing committee of the orphanage, said there is no legal bar to implementing the HC directives as the SC chamber passed an order voiding Concord's right to the building.

According to the writ petition, in 1909 the then Nawab of Dhaka established the orphanage. It was extended later through leasing of land and run by the successive governments.

President of the orphanage's managing committee Begum Shamsunnahar Ahsan Ullah and Secretary GA Khan leased out a portion of land to the developer in July 2003 and April 2004, in violation of the lease agreement between the orphanage and the government.

The agreement had a condition that the property could not be used for any other purpose except for the orphanage.

Despite that condition, the president and the secretary handed over the property to Concord Group illegally in exchange for financial benefits, the complainants said in the petition.